Morse v. Bugbee
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Grant County. Tbe following statement of tbe case was prepared by Mr. Justice LyoN as a part of bis opinion. On tbe trial of tbis action in tbe circuit court, tbe depositions of Tbomas Bailey and Alfred Bailey, wbicb bad been taken before a justice of tbe peace, at tbe instance of tbe defendant, for tbe alleged reason tbat tbe deponents were about to leave tbe state, were offered as evidence on bebalf of tbe defendant.
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APPEAL from tbe Circuit Court for Grant County. Tbe following statement of tbe case was prepared by Mr. Justice LyoN as a part of bis opinion. On tbe trial of tbis action in tbe circuit court, tbe depositions of Tbomas Bailey and Alfred Bailey, wbicb bad been taken before a justice of tbe peace, at tbe instance of tbe defendant, for tbe alleged reason tbat tbe deponents were about to leave tbe state, were offered as evidence on bebalf of tbe defendant. Tbe plaintiff, by bis counsel, objected to tbe admission of tbe depositions, and proposed and offered to prove by witnesses then in court tbat…
1Opinion of the CourtLyON, J.
We think that the learned circuit judge erred in refusing to allow the plaintiff to show, if he could, that the reason assigned for taking the depositions did not exist at the time of the trial. The statute provides that “no deposition shall be used, if it shall appear that the reason for taking it no longer exists.” R. S., ch. 137, sec. 19. Yery clearly it is competent for the adverse party to prove that such reason does not exist; and if he does so, the deposition cannot be used, unless the party at whose instance it was taken, and who produces the deposition, shall show that some other…
2Cases cited1 opinion
- Morgan v. HalversonWisconsin Supreme Court · 1859