Gaul v. Wenger
Supreme Court of Missouri
Appeal from, St. Louis Court of Common Pleas. This was an action to recover for work and labor, alleged to have been done by the plaintiff for the defendant, at his instance and request. At the trial, the plaintiff was permitted to read in evidence the deposition of Charles Dehault, under the circumstances stated in the opinion of the court, the defendant excepting. After a judgment for the plaintiff, the defendant appealed.
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Appeal from, St. Louis Court of Common Pleas. This was an action to recover for work and labor, alleged to have been done by the plaintiff for the defendant, at his instance and request. At the trial, the plaintiff was permitted to read in evidence the deposition of Charles Dehault, under the circumstances stated in the opinion of the court, the defendant excepting. After a judgment for the plaintiff, the defendant appealed. The court erred in admitting the deposition of Dehault.- Depositions can only be read in the cases specified in the statute, (R. C. 1845, §20, p. 419,) neither of which…
1Opinion of the CourtGamble, Judge
The only point in the case, which is of any importance, arises upon the admission of the deposition of Dehault, a witness for the plaintiff. The deposition was taken in St. Louis, and in it the witness says : “I am going to leave this state for Europe to-morrow.” The deposition was taken on the 9th day of September, 1853, and was read upon the trial, which commenced on the 15th of December following, more than three months after it was taken. The defendant objected to the reading of the deposition, upon the ground that the absence of the witness was not shown, so as to entitle the plaintiff…
2Cited by7 opinions
- Estate of DolbeerCalifornia Supreme Court · 1906
- Myers v. KarchmerSupreme Court of Missouri · 1958
- Drake Ex Rel. Imes v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
- O'Keefe v. United Railways Co.Missouri Court of Appeals · 1907
- Mayne v. Kansas City Railways Co.Supreme Court of Missouri · 1921
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