13 Colo. App. 176 | Colo. Ct. App. | 1899
This suit was to recover the sum of $200 alleged to have
Upon trial, the deposition of plaintiff was read in evidence. .Defendant assigns error upon the refusal of the court to suppress this deposition. The ground of his motion therefore was that the certificate of the officer who took the deposition was simply to the effect that it was read to tlie witness previous to his signature, — the complaint of defendant being that the officer should have certified that the deposition was “ carefully ” read before signing, following the words of the statute. The certificate of the officer was a full compliance with the statute. The object of the requirement that the interrogatories and answers submitted to the witness on the taking of his deposition should be first carefully read to him before he signed it, is that the witness may know what the scrivener has written down, and that he may, before his deposition is complete, have an opportunity to correct any errors or inaccuracies of statement which may have occurred. When the deposition is offered with the signature of the witness to it, and the certificate of the officer that it was read to the witness before it was signed, we think that the reasonable and conclusive presumption is that it was read with that care which the statute contemplated. Certainly the sole object of the statute was subserved. The witness had the opportunity to see that his statements were correctly written.
Defendant also contends that he should not be liable, because he was acting throughout the entire transaction as an
All of the other questions raised are in our opinion dependent upon matters of fact, which must have been found by the court against the defendant; and such findings not being manifestly against the weight of the evidence, under the usual rule they must be conclusive upon this court. Such is the question upon which defendant relies chiefly for his defense, as to whether there was some oral agreement or understanding outside of the written application for a loan by which defendant was not to receive all of this money until certain improvements were completed, and also as to whether the securities company instructed him when it remitted this $200, not to pay it until the improvements had been completed. These are all matters of fact, and it is not necessary to extend this opinion by a recital or discussion of them. We think the court was justified in its conclusions, and that the judgment rendered should not be disturbed. It will therefore be affirmed.
Affirmed.