
    Case No. 886.
    BANK OF DANVILLE v. TRAVERS.
    [4 Biss. 507.] 
    
    Circuit Court, N. D. Illinois.
    Dec., 1868.
    Equity—Motion to Suppress Depositions— Waiver.
    A motion to suppress depositions for irregularity comes too late when they have been on file for three years.
    [See Doane v. Glenn, 21 Wall. (88 U. S.) 33.]
    NOTE, [from original report.] The general rule is that all objections or exceptions to the formality of depositions must be taken before trial. Corgan v. Anderson, 30 Ill. 95; Swift v. Castle. 23 ill. 209; Frink v. McClung, 4 Gilman, 569; Moshier v. Knox College, 32 Ill. 155. But as to substance it is sufficient to make them on the trial or hearing. Swift v. Castle and Frink v. McClung, supra.
    In equity. Motion [in a suit by the Bank of Danville against Eliza Travers] to suppress depositions for insufficiency of the notarial certificate, the depositions having been returned and opened in July, 1865.
    J. H. Knowlton, for the motion.
   DRUMMOND, District Judge.

I think after a cause is set down for hearing, and the deposition has been on file for three years, it is too late to move to exclude it on a technical ground. I think the parties have a right to presume that such a delay is a waiver of any objection of that kind.  