Johnson v. Mathews
Supreme Court of Kansas
Frror from Bourbon County. The facts of the case sufficiently appear in the opinion. 1. The objection to the evidence of Hoover in the deposition was made for the first time on the trial. This was not in time.
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Frror from Bourbon County. The facts of the case sufficiently appear in the opinion. 1. The objection to the evidence of Hoover in the deposition was made for the first time on the trial. This was not in time. It should have been made at the time of the taking of the deposition, and noted therein. 2. The reason for the rule is, that if the objection was made at the time of taking, and the ground then stated, the evidence of loss and diligence in search of' the instrument could then be established and the objection thereby obviated; or the party being apprised of the objection, might make…
1Opinion of the Court
By the Court,
Valentine, J.
The plaintiffs in error, who were plaintiffs below, alleged in their petition in the court below, that the defendant contracted to transport a brick machine for them, from Kansas City to Fort Scott, without delay, which he neglected and refused to do; but they did not allege in their petition, nor attempt to prove on the trial, that the defendant at the time of making the contract, had any knowledge of what the plaintiffs wanted to do with the machine, or that they intended or expected to have any hired hands to run the machine. The court, at the trial, excluded all…
2Cases cited6 opinions
- Cooke v. OrneIllinois Supreme Court · 1865
- Corgan v. AndersonIllinois Supreme Court · 1863
- Adams v. FoleySupreme Court of Iowa · 1856
- Goodrich v. HansonIllinois Supreme Court · 1864
- Phy v. ClarkIllinois Supreme Court · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Williams v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
- Shepard v. PrattSupreme Court of Kansas · 1876
- Central Branch Union Pacific Railroad v. ShoupSupreme Court of Kansas · 1882
- Swift River Co. v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1897
- George v. LaneSupreme Court of Kansas · 1908
13 more not listed; retrieve them via the Exa API.