Eby, Dowden & Co. v. Winters
Supreme Court of Kansas
Error from Edwards District Court. On the 18th day of November, 1887, B. M. Winters executed and delivered to Eby, Dowdeu & Co. the following written instrument: “ Know all men by these presents, that, in consideration of $600, the receipt of which is hereby acknowledged, I do grant, sell, transfer and deliver unto Eby, Dowden & Co., their heirs and assigns, the following goods and chattels, viz.: All my right, title and interest in and to a certain one-story frame store…
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Error from Edwards District Court. On the 18th day of November, 1887, B. M. Winters executed and delivered to Eby, Dowdeu & Co. the following written instrument: “ Know all men by these presents, that, in consideration of $600, the receipt of which is hereby acknowledged, I do grant, sell, transfer and deliver unto Eby, Dowden & Co., their heirs and assigns, the following goods and chattels, viz.: All my right, title and interest in and to a certain one-story frame store building, situated on lot No. 27, in block No. 37, in the town of Mullinville, Kiowa county, Kansas, subject to a mortgage…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
It is contended that the court erred in permitting the deposition of J. W. Moyle to be read in evidence. When the deposition was offered, Eby, Dowden & Co. objected, “upon the ground that the witness is at present in the county of Edwards; that he has been in attendance at the court as a witness, and that he is at present, it is believed, on his way to this place [Kinsley].” The court overruled the objection, and an exception was taken. The deposition was then read, and two questions were objected to, one because it was leading,…
2Cases cited3 opinions
- Fullenwider v. EwingSupreme Court of Kansas · 1883
- Waite v. TeetersSupreme Court of Kansas · 1887
- Taylor v. MasonSupreme Court of Kansas · 1882