Stevens v. Blake
Court of Appeals of Kansas
Error from Douglas District Court. Hon. A. W. Benson, Judge. This was an action on a promissory note for one thousand dollars, the execution of which was put in issue. The defendant applied for a commission to take the deposition of certain witnesses in California, which was granted, and for an order requiring the plaintiff to permit the original note sued on to be attached to the commission, which was refused, and the defendants excepted.
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Error from Douglas District Court. Hon. A. W. Benson, Judge. This was an action on a promissory note for one thousand dollars, the execution of which was put in issue. The defendant applied for a commission to take the deposition of certain witnesses in California, which was granted, and for an order requiring the plaintiff to permit the original note sued on to be attached to the commission, which was refused, and the defendants excepted. They also moved for an order, after demand, refusal and notice, requiring the plaintiff to permit them, their attorneys and their witnesses, to inspect the…
1Opinion of the Court
1,2 Refusal of orders relative to inspection and use of note sued on by opposite party not error, when.
Wells, J.
As to the first and second assignments of error, we think the court went to the full limit of its authority in relation to the note in controversy ; and that for it to have done as the defendants requested would have been not only an error, but a gross wrong. We know of no author- . . _ _ ity or reason for such an order as was J demanded. The third assignment of error is, that the court refused to strike out and exclude from the jury the evidence of F. E. *126Cornell. This witness…
2Cases cited2 opinions
- State v. BryanSupreme Court of Kansas · 1885
- State v. NusbaumSupreme Court of Kansas · 1893
3Cited by2 opinions
- Carlson v. CainMontana Supreme Court · 1985
- Perkins v. Territory of OklahomaSupreme Court of Oklahoma · 1900