Coughlin v. Haeussler
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The deposition of plaintiff cannot be admitted on the theory that the preservation of Dillon’s testimony in a bill of exceptions, signed after a former trial, has rendered the deposition competent evidence. It is not claimed or pretended that the testimony given by the plaintiff at the first trial is the same as that contained in his deposition. As a matter of fact it was widely different.
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Appeal from St. Louis Circuit Court. The deposition of plaintiff cannot be admitted on the theory that the preservation of Dillon’s testimony in a bill of exceptions, signed after a former trial, has rendered the deposition competent evidence. It is not claimed or pretended that the testimony given by the plaintiff at the first trial is the same as that contained in his deposition. As a matter of fact it was widely different. Hence, if the court is to go outside of the statute for a theory upon which to admit this deposition, there must be wanting the only reason for enlarging the spirit of…
1Opinion of the CourtBliss, Judge
There were two trials below, and before the first trial, the plaintiff being a non-resident, his deposition had been taken; but he was present and testified at the trial, as did also defendant’s testator, then living. The testimony of both was preserved in a bill of exceptions. Dillon died before the second trial, and at the trial the court admitted in evidence the deposition of plaintiff, upon the ground that Dillon’s former testimony, having been so preserved, might be read. Defendant, however, refused to read it, and assigns for error the admission of the plaintiff’s deposition.
Evidence of…
2Cases cited2 opinions
- Parsons v. ParsonsSupreme Court of Missouri · 1870
- Rosenheim v. America InsuranceSupreme Court of Missouri · 1862
3Cited by27 opinions
- Vaughan v. StateSupreme Court of Arkansas · 1894
- Ring v. JamisonSupreme Court of Missouri · 1877
- Phillips v. Interstate Land Co.Supreme Court of North Carolina · 1917
- Orr v. RodeSupreme Court of Missouri · 1890
- Kirton v. BullSupreme Court of Missouri · 1902
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