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Anna Hartske Vs. Fred Frankel, Et Al. 054 Phil 156

In the matter of the Estate of R. H. Frankel, deceased. ANNA HARTSKE, CLARA WEBBER and FREMA FISCHLER, petitioners-appellants, vs. FRED FRANKEL and PHILIPPINE TRUST CO., appellees.

G.R. No. 31287 | 1929-12-27

D E C I S I O N


JOHNS, J.:

There is no merit in the first assignment of error. As the lower court well said, the deposition of Fred Frankel was taken under the stipulation in which both parties appeared by their respective attorneys at the stipulated time and place, and propounded their respective questions to the witness, who made written answers to such questions, and it appears that the answers were subscribed and sworn to by the witness. In other words, the deposition was taken under and pursuant to the terms of the stipulation of the parties, and, hence, is admissible in evidence. It clearly appears from the deposition that Herman...