McKewen v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Desha Circuit Court; Antonio B. Grace, Judge; Kirby’s Dig., § 3156, providing that the deposition of a witness who lives more than thirty miles from the place of trial and in an adjoining county may be used is only permissive; and if such witness actually attends the trial in obedience to a subpoena, he is entitled to his mileage. 18 Ind. 32; 29 Ind. 426; 51 Mo. 532; 103 Ala. 542; 96 Ia. 202. The deposition of such witnesses may be used.
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Appeal from Desha Circuit Court; Antonio B. Grace, Judge; Kirby’s Dig., § 3156, providing that the deposition of a witness who lives more than thirty miles from the place of trial and in an adjoining county may be used is only permissive; and if such witness actually attends the trial in obedience to a subpoena, he is entitled to his mileage. 18 Ind. 32; 29 Ind. 426; 51 Mo. 532; 103 Ala. 542; 96 Ia. 202. The deposition of such witnesses may be used. Kirby’s Dig., § 3156. And in such cases they shall not be required to attend the trial. Id. § 3158. The matter was entirely within the sound…
1Opinion of the CourtFrauenthal, J.
This is an appeal from the judgment of the Desha Circuit Court upon an application made by the defendant to have the costs retaxed in a cause tried in that court wherein the appellants were the plaintiffs and the appellee was defendant. On March 31, 1908, the plaintiffs instituted suit in the above court against the defendant for the recovery of the value of certain personal property which had been lost or destroyed while in the possession of the defendant as a common carrier. Upon a trial of that cause, a verdict and judgment was rendered in favor of the plaintiff and against the defendant…
2Cases cited9 opinions
- McGlauflin v. WormserMontana Supreme Court · 1903
- Alexander v. HarrisonIndiana Court of Appeals · 1891
- Briggs v. M. Rumely Co.Supreme Court of Iowa · 1895
- Anderson v. Ferguson-Bach Sheep Co.Idaho Supreme Court · 1906
- Morris v. . WheelerNew York Court of Appeals · 1871
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3Cited by1 opinion
- Mitchell v. Eagle.Supreme Court of Arkansas · 1946