Miles v. Armour
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Hermann Brumbach, Judge. (1) The action of the court below was not justified by the statute, (a) While the lower court issued a commission, it was directed to a notary public in Illinois. His power to act or to compel the attendance of, or the giving of testimony by a witness was wholly dependent upon the law of that State.
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Appeal from Jackson Circuit Court. — Hon. Hermann Brumbach, Judge. (1) The action of the court below was not justified by the statute, (a) While the lower court issued a commission, it was directed to a notary public in Illinois. His power to act or to compel the attendance of, or the giving of testimony by a witness was wholly dependent upon the law of that State. Rapalje on Contempt, sec. 7; Wharton on Conflict of Laws, sec. 723; Martin v. People, 77 111. App. 311; In re Bushnell, 44 N. Y. Supp. 257, 19 Mise. 307; Spanish Consul’s Petition, 1 Ben. 225; 22 Fed. Cas. 854. No proof was offered…
1Opinion of the Court
ROT, C.
— Plaintiff sued defendant by attachment in the Jackson Circuit Court on January 10, 1907, for $1816.28, balance claimed to be due on contract, with interest; and property of the defendant located in Kansas City was attached, the defendant being a nonresident.
On March 25; 1907, plaintiff sued out a commission to take depositions in the State of Illinois, and notice was duly given to defendant, and he was summoned on March 29, 1907, to appear, before the notary on April 2, 1907, to give his deposition. At the time and place given in the notice and summons, both parties appeared by…
2Cases cited4 opinions
- Boyd v. United StatesSupreme Court of the United States · 1886
- Hovey v. ElliottSupreme Court of the United States · 1897
- Gilbert L. Thompson v. William SeldenSupreme Court of the United States · 1858
- Tyson v. Farm & Home Savings & Loan Ass'nSupreme Court of Missouri · 1900
3Cited by4 opinions
- In Re the Marriage of DickeyMissouri Court of Appeals · 1977
- Jewell v. JewellMissouri Court of Appeals · 1972
- Wittenberg Coal Co. v. Compagnie Havraise Peninsulaire de Navigation à VapeurCourt of Appeals for the Second Circuit · 1927
- City of Columbia v. Bil-Nor Construction Co.Missouri Court of Appeals · 1967