Page:Federal Reporter, 1st Series, Volume 7.djvu/59

 BGBEBT V. OITIZBKB' INB. CO/ OF MISSODBI. 47 �with five-sevenths of the orator's costs, after de'ducting twd- Bevenths of the defendants' costs, and the expenses to the defendants of the suit in lowa, ineluding reasonable counsel fees, to be taxed by the clerk, which are allowed as a fine against the orator, with a stay of execution until evidence of the discontinuance of that suit is aled. ���Egbbbt and others v. Citizens' Ins. Co. of Missovbi. [Circuit Court, £. D. Miuouri. March 28, 1881.) �1. Deposition — Caption — Namino Parties. �Where depositions are taken de bene eue, under the act of congress of May 9, 1872, in a case in which there are several parties plaintiS and defendant, it is not necessary to state in the caption the names of all the parties to the suit. It is sufflcient to give the style in the case thus : A. B. fi cU.,plaintiff», r, C. J). et al., defendants. �2. Samb— Samb. �A caption sufflciently shows the reason for taking depositions i( it States where the depositions are taken, without giving the distance from the place of taking to the place of trial, if the distance is in fact, and is well known by all parties to be, more than 100 miles. �3. Bame — Cbktificatb. �Where an oflacer by whom depositions are taken seals them up, marks the stylo of the case on the envelope, directs them to the'clerk of the court in wWch the case is pending,, aiid writes the usual in- dorsement across the seal, and the depositions are received by the clerk to whom they are addressed, through the mail, held, that the certiflcate to the depositions should be decined sufflcient, though it f ails to state that the offlcer delIFered the depositions to the court in which the cause was pending, or that he sealed them up and deposited them in the post-office. �Motion to Suppress Depositions. �E. T. Farish, for plaintiff. �0. B. /SoMsttm, for defendant/ �Tbbat, D. J. The several plaittiffs named in this suitj^ according to the petition, were copartners doing business ;in San Francisco,' Califomia. The defendant, being a Missonri corporation, had an established agency in the ionuer plaee, and its agents there drew abill of exchange on the^defeudant ��� �