Wood v. Shaw
Illinois Supreme Court
Appeal from the Circuit Court of DeKalb county; the Hon. Theodobe D. Mtjephy, Judge, presiding. This was a suit brought by Shaw, against Wood & Harkness, to recover for an alleged balance due him, for making mole ditches on their farm. The defense was, that the ditches were not dug, as to depth, according to contract. The trial resulted in a verdict and judgment for the plaintiff.
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Appeal from the Circuit Court of DeKalb county; the Hon. Theodobe D. Mtjephy, Judge, presiding. This was a suit brought by Shaw, against Wood & Harkness, to recover for an alleged balance due him, for making mole ditches on their farm. The defense was, that the ditches were not dug, as to depth, according to contract. The trial resulted in a verdict and judgment for the plaintiff. The defendants bring the cause to this court, and ask that the judgment be reversed,, for the reason that the deposition of Shaw, in his own handwriting, was admitted in evidence, under the law of 1867, against the…
1Opinion of the CourtJustice Walkee
The first error urged is, the refusal of the court below to sustain the motion to suppress the deposition of appellee. Under the recent act of the legislature, permitting parties to testify in their own behalf, plaintiff below had his deposition regularly taken and filed in the cause, and defendant entered a motion to suppress it because the answers to the interrogar tories were in his own handwriting, but the court below refused to allow the motion. The 16th section of the chapter of the Devised Statutes, entitled “ Evidence and Depositions,” declares that “ The party, his attorney, or any…
2Cited by1 opinion
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