Littleton v. Christy's Adm'r
Supreme Court of Missouri
ERROR to St. Louis Court of Common Pleas. Statement of the Case. This was an action of assumpsit brought by Michael Christy in his lifetime, to the use of James Christy, vs. Littleton, the plaintiff in error. The declaration contained, first, a special count upon a promissory note for $2000, alleged to have been made by the plaintiff in error to the plaintiff in the court below; and second, the common counts in the usual foim.
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ERROR to St. Louis Court of Common Pleas. Statement of the Case. This was an action of assumpsit brought by Michael Christy in his lifetime, to the use of James Christy, vs. Littleton, the plaintiff in error. The declaration contained, first, a special count upon a promissory note for $2000, alleged to have been made by the plaintiff in error to the plaintiff in the court below; and second, the common counts in the usual foim. The suit was brought on 29th August, 1843, and at the appearance term, the defendant, Littleton, filed the plea of the general issue. At the February term, 1844, the…
1Opinion of the CourtNapton, J.
The only errors insisted on, are the admission by the Court of Common Pleas of the deposition of Hamilton,' and the certificate of the Probate Judge.
The objection to the deposition was, that-'the notice was insufficient. The notice was served on the 19th September, and the 22nd of the month was the day designated for taking the deposition. If we exclude the day on which the notice was served, and the day fixed for taking the deposition, there was not a notice of three days, and this would seem to be the most sensible construction of the statute. But in the construction of similar statutes,…
2Cases cited1 opinion
- Columbia Turnpike Road v. HaywoodNew York Supreme Court · 1833
3Cited by1 opinion
- Hahn v. DierkesSupreme Court of Missouri · 1866