Harwood v. German
Missouri Court of Appeals
Appeal from, the Jackson Circuit Court. — Hon. James Hibson, Judge. The refusal of plaintiff to give his deposition was grounded on the advice of his attorneys, and' not from any disrespect to the court or the proper administration of justice. His attorneys were mistaken as to the law, and as soon as they discovered their error they rectified it by advising defendant’s attorneys that Mr. Harwood would attend and have his deposition taken.
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Appeal from, the Jackson Circuit Court. — Hon. James Hibson, Judge. The refusal of plaintiff to give his deposition was grounded on the advice of his attorneys, and' not from any disrespect to the court or the proper administration of justice. His attorneys were mistaken as to the law, and as soon as they discovered their error they rectified it by advising defendant’s attorneys that Mr. Harwood would attend and have his deposition taken. This statute, section 8927, is not penal in its nature, and should not receive a construction as harsh as that given it by the court below. Coburn ».…
1Opinion of the CourtSmith, P. J.
Plaintiffs as partners sued the defendant to recover certain commissions claimed to be due them for effecting the sale of real estate for defendant. The defendant’s answer was a general denial. While the cause was pending the plaintiff Harwood was duly subpoenaed to attend at a certain time and place before a notary public and give his deposition for the defendant. Plaintiff did attend, but, under the advice of his attorneys, refused to testify. There was some evidence, though of a very conflicting nature, tending to show an agreement between counsel as to the subsequent taking of Harwood’s…
2Cases cited3 opinions
- Haskell v. SullivanSupreme Court of Missouri · 1862
- Carr v. DawesMissouri Court of Appeals · 1890
- Snyder v. RaabSupreme Court of Missouri · 1867
3Cited by1 opinion
- Dustin v. FarrellyMissouri Court of Appeals · 1899