In re Abeles
Supreme Court of Kansas
Petition for Writ of Habeas Corpus. A civil action was pending in the district court of Leavenworth county, between the German Savings Bank of Leavenworth, as plaintiff’ and Simon Abeles, as defendant. The plaintiff served notice on Abeles that depositions would be taken before C. F. W. Dassler, a notary public, at his office, on the 20th of January 1874, and said Abeles was duly subpoenaed to attend and testify at such time and place.
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Petition for Writ of Habeas Corpus. A civil action was pending in the district court of Leavenworth county, between the German Savings Bank of Leavenworth, as plaintiff’ and Simon Abeles, as defendant. The plaintiff served notice on Abeles that depositions would be taken before C. F. W. Dassler, a notary public, at his office, on the 20th of January 1874, and said Abeles was duly subpoenaed to attend and testify at such time and place. Abeles attended, but refused to testify, claiming that as he resided in the county of Leavenworth, where the action was pending, the plaintiff had no right to…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The single question in this case is, whether a party to an action can compel a witness, residing in the county where the action is pending, to give his deposition prior to the trial? or must he, if he desires his testimony, compel his personal attendance at the trial by subpoena and attachment? That the witness whose testimony is sought is the adverse party, does not affect the question, for by § 321 of the civil code either party can compel the adverse party “at the trial, or by deposition, to testify as a witness, in the same manner, and…
2Cited by21 opinions
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- In re HuronSupreme Court of Kansas · 1897
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