55 Pa. Super. 492 | Pa. Super. Ct. | 1913
Opinion by
The principal question that was discussed on the argument of this appeal is based on the fact that the depositions of certain witnesses residing in another state, which were taken on a rule entered by leave of court under the Act of June 25, 1895, P. L. 279, were not taken on the day designated in the notice, but on a later day. It is argued that the giving of due notice of the time and place, when and where the depositions are to be taken, is a requirement which the court cannot dispense with without the consent of the parties, which, of course, is an indisputable proposition. Therefore, the objection that the depositions were taken at a later time than that appointed in the rule entered by leave of court, or in the notice annexed to and made part of such rule, if it be so appointed, is a fatal objection unless it be waived by the opposite party. But it is quite clear that if the latter expressly waives it, the court cannot be convicted of error in giving effect to the waiver and admitting the depositions in evidence. Being an objection which the party may waive, a waiver may be implied from unequivocal acts which clearly show that such was his intention. The power which was formerly held to be inherent in all courts of record, and was expressly recognized and affirmed in the Act of June 16, 1836, sec. 21, P. L. 784, extends to the establishing of such rules for regulating the practice thereof and for expediting the determination of suits, causes and proceedings therein, as in their discretion they shall judge necessary or proper, provided that such rules shall not be inconsistent with the constitution
The sixth assignment of error relates to the admission in evidence of the copy of a letter from the plaintiffs to the defendant dated January 6, 1906, the objection being that it was not written in reply to any • letter from the latter to the former, and therefore must be
The other assignments of error do not require particular notice except to say that they are not sustained.
The judgment is affirmed.