Starring v. Mason
Nebraska Supreme Court
Error from tlie district court of Otoe county. Mason and Walker brought suit in that court upon an account for the services of a stallion, performed under a contract by which Starring agreed to pay a certain price for such service. Starring answered, admitting that he made an agreement, for the services of the horse, with one Mastin, the agent or partner of Mason and Walker, and alleging that he paid Mastin in full for such services.
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Error from tlie district court of Otoe county. Mason and Walker brought suit in that court upon an account for the services of a stallion, performed under a contract by which Starring agreed to pay a certain price for such service. Starring answered, admitting that he made an agreement, for the services of the horse, with one Mastin, the agent or partner of Mason and Walker, and alleging that he paid Mastin in full for such services. There was a trial by jury, verdict in favor of the claim, and Starring brought the case here by petition in error. Plaintiff in error asked but was refused an…
1Opinion of the Court
Lake, Ch. J.
Of the errors assigned I will first notice the one that relates to the deposition of the witness, Mastin.
I. Before the trial a motion was made to suppress this deposition on the ground that it was taken by an unauthorized person.
Section 375, of the revised statutes designates those officers who may take depositions, out of the state. This authority, except in the case of a special commission, is limited to “a judge, justice, or chancellor of any court of record, a justice of the peace, notary public, mayor, or chief magistrate of any city, or town corporate.”
The deposition of…
2Cited by2 opinions
- Murray v. Omaha Transfer Co.Nebraska Supreme Court · 1914
- Dawson v. DawsonNebraska Supreme Court · 1889