Swink v. Anthony
Missouri Court of Appeals
Appeal from Boone Circuit Court. — lion. John A. Hockaday, Judge. (1) The trial court erred in not sustaining defendant’s motion to suppress the depositions of plaintiff’s witnesses, Taylor, Scott and Swink; and also erred in allowing said depositions to be read to the jury over defendant’s objections. The Supreme Court held, in Hainey v. Alberry, 73 Mo. 427, that an acknowledgment to a deed of trust, taken before a notary who was the trustee in said deed of trust, was void.
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Appeal from Boone Circuit Court. — lion. John A. Hockaday, Judge. (1) The trial court erred in not sustaining defendant’s motion to suppress the depositions of plaintiff’s witnesses, Taylor, Scott and Swink; and also erred in allowing said depositions to be read to the jury over defendant’s objections. The Supreme Court held, in Hainey v. Alberry, 73 Mo. 427, that an acknowledgment to a deed of trust, taken before a notary who was the trustee in said deed of trust, was void. The object of our statute is obviously to secure the utmost fairness and impartiality in the taking of depositions.…
1Opinion of the CourtSmith, P. J.
The case here, shortly stated, is about this: The plaintiff sold the defendant fifty-five head of mules for $4,250, of which amount the latter paid $4,000; the balance he refused to pay, and to recover that balance this action was brought. The defense interposed by the answer was a general denial, to which wa,s added two counterclaims — one charging fraudulent representation as to the age and soundness of a certain number of the mules, on account of which $500 damages were sustained; and the other charging a breach of warranty as to age and soundness of said mules and on account of which…
2Cases cited2 opinions
- Wasson v. ConnorMississippi Supreme Court · 1877
- A. G. Danforth & Co. v. CrookshanksMissouri Court of Appeals · 1897
3Cited by8 opinions
- Empire District Electric Co. v. JohnstonMissouri Court of Appeals · 1954
- Spalding v. RobertsonSupreme Court of Missouri · 1947
- Redmond ex rel. Redmond v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1910
- Ford v. GrayMissouri Court of Appeals · 1908
- Gharst v. St. Louis Transit Co.Missouri Court of Appeals · 1905
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