Carter v. Davis
Supreme Court of Missouri
Appeal from o asper Circuit Court.—Hon. Joseph Cravens, Judge. The court committed error in permitting, against defendant’s objection, the copy of the deposition of Corn to be read in evidence. The original had not been returned or filed in the cause, and secondary evidence of its contents was inadmissible. Minche v. Skinner, 41 Mo. 92; Finney v. St. Charles College, 15 Mo. 2G6; R. S., § 2157.
1Opinion of the CourtRay, J.
This suit was commenced in the circuit court of Newton county, Missouri, February, 1877, but the venue thereof was afterwards changed, by consent, to the circuit court of Jasper county, where the cause was tried. The controversy is about a certain forty acres of land, situated in said Newton county, described as the southeast quarter of the northwest quarter of section 20, township 27, range 32, otherwise known as the “ Johnson forty.” The defendants are in possession thereof, claiming it adversely to the plaintiff.
Samuel B. Corn, is the common source of title. Said Corn, on July, 20th, 1874,…
2Cases cited4 opinions
- Adams v. RaignerSupreme Court of Missouri · 1879
- Samuel v. WithersSupreme Court of Missouri · 1852
- Greene v. Chickering & McKaySupreme Court of Missouri · 1846
- Grinnan v. MockbeeSupreme Court of Missouri · 1860