Morgan v. Halverson
Wisconsin Supreme Court
ERROR TO CIROÜIT COURT, COLUMBIA COUNT?. This was an action brought by the plaintiff against the defendant on a promissory note for $200, and interest at twelve per cent, given by the defendant to the plaintiff for the purchase of a horse. The answer set up a failure of consideration of the note.
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ERROR TO CIROÜIT COURT, COLUMBIA COUNT?. This was an action brought by the plaintiff against the defendant on a promissory note for $200, and interest at twelve per cent, given by the defendant to the plaintiff for the purchase of a horse. The answer set up a failure of consideration of the note. On the trial the plaintiff read the note in evidence, and then proved that there was due on said note, for principal and interest, the sum of two hundred and sixty dollars and twenty-seven cents. The defendant, to prove the issue on his part, as a part of his evidence, offered the deposition of Neils…
1Opinion of the Court
By the Court,
Cole, J.
We think there can be no doubt but that the deposition of Neils S. Thompson was improperly admitted in evidence, on the trial of this cause. It appears that the reason for taking it in the first instance, was that he was about to go out of the state, and was not to return in time for the trial. But when the deposition was offered in evidence, it was objected to on the part of the plaintiff in error, upon the ground that the cause for taking it no longer existed, as the witness at the time of trial, was within the county. And that such was the fact, was proven by the…
2Cited by3 opinions
- McCully v. StateTennessee Supreme Court · 1899
- Thayer v. GallupWisconsin Supreme Court · 1861
- Morse v. BugbeeWisconsin Supreme Court · 1871