Holmes v. Stateler
Illinois Supreme Court
This was an action of assumpsit, begun August 24th, 1854, by Stateler against Holmes, in the Marshall Circuit Court. Plea of non-assumpsit filed October 20,1854. The case was tried in October, 1855, before Hollister, Judge, and a jury.
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This was an action of assumpsit, begun August 24th, 1854, by Stateler against Holmes, in the Marshall Circuit Court. Plea of non-assumpsit filed October 20,1854. The case was tried in October, 1855, before Hollister, Judge, and a jury. Plaintiff read the deposition of John B. Stateler, his brother, taken in Iowa, in September, 1854, in which witness testified, that about the 9th of November, 1850, at Sacramento Oity, plaintiff loaned to defendant, in the presence of witness, twenty-five ounces of gold dust, worth sixteen dollars per ounce; and that the customary rate of interest in California…
1Opinion of the Court
Catón, J.
Before proceeding to the merits of this case, we feel called upon to remark that most of this voluminous record has nothing to do with the case here, and cannot be examined by this court. It does not properly constitute a part of the record. The clerk has copied several commissions, with the interrogatories attached, and then the returns thereto, and the depositions themselves, which are not embodied in the bill of exceptions. These should be excluded in taxing the costs.
The only question which we think it necessary to examine is, the exclusion, by the court, of the testimony offered…
2Cited by10 opinions
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