Wetherell v. Patterson

This cause was submitted to the court before any of the present judges were upon the bench, and an opinion therein prepared by Judge Napton. The parties now agree that judgment may be entered upon that opinion. Accordingly, the judgment of the court below is reversed and the case remanded,

all the judges concurring. *459Napton, Judge.

The deposition read' in this case was taken nearly four months before the trial, and was admitted on the production of a subpoena returned “ not found.” The deponent stated : “ I reside in the city of St. Louis ; I expect to leave St. Louis soon — next Sunday or…