Hoyberg v. Henske
Supreme Court of Missouri
Appeal'from St. Louis County Circuit Court. — Eon. Rudolph Eirzel, Judge. (1) Tbe depositions not being subscribed, and there being nothing in itihe certificate of the notary indicating either a waiver of signatures or consent to the taking of the depositions in shorthand, they were in fact incompetent and inadmissible as evidence when objected to. Steckman v. Harber, 55 Mo.
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Appeal'from St. Louis County Circuit Court. — Eon. Rudolph Eirzel, Judge. (1) Tbe depositions not being subscribed, and there being nothing in itihe certificate of the notary indicating either a waiver of signatures or consent to the taking of the depositions in shorthand, they were in fact incompetent and inadmissible as evidence when objected to. Steckman v. Harber, 55 Mo. App. 81; R. S. 1889, secs. 4453-4455. (2) The rule of the court could not, in derogation of the statute, without the consent of the defendant, make an unsigned deposition admissible in evidence. “It is beyond the power of…
1Opinion of the CourtRobinson, J.
This is an action of a minor suing by his next friend for alleged malpractice of defendant.
The petition charged that the plaintiff, a child of tender years, sustained a fracture of the bone of the left arm above the elbow; that defendant, who held himself out to be a skilled surgeon, was employed to care for and treat plaintiff’s broken arm, and because of the unskillful and negligent manner in which the fracture was reduced, and the arm bandaged and plaintiff’s injury treated by him, the member became affected with gangrene, which caused the dissolution or wasting away of the muscles, nerves…
2Cases cited12 opinions
- Head v. HargraveSupreme Court of the United States · 1882
- St. Louis, Oak Hill & Carondelet Railway Co. v. FowlerSupreme Court of Missouri · 1898
- Holman v. BachusSupreme Court of Missouri · 1880
- City of Kansas v. ButterfieldSupreme Court of Missouri · 1886
- City of Kansas v. HillSupreme Court of Missouri · 1883
7 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Walden v. JonesCourt of Appeals of Kentucky (pre-1976) · 1968
- Markey v. Louisiana & Missouri River RailroadSupreme Court of Missouri · 1904
- Edson v. FahySupreme Court of Missouri · 1960
- State Ex Rel. State Highway Commission v. BaumhoffMissouri Court of Appeals · 1936
- H v. DMissouri Court of Appeals · 1963
17 more not listed; retrieve them via the Exa API.