Legal Opinion

State ex rel. Ury v. Gans

Missouri Court of Appeals

Decided December 21, 1897PublishedCited by 1 opinion

Appeal from the St. Louis City Circuit Court.— Hon. D. D. Fisher, Judge. The depositions of Harriet Ury, Mrs. Erskine Mansfield, and Simon P. Shulz, were taken in this case in pursuance of the statute, and thereby became part of the costs of the case, and should have been taxed against plaintiff. R. S. 1889, secs. 4434, 4440, 8920, 2920, 2935; Ex parte Livingston, 12 Mo.

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Appeal from the St. Louis City Circuit Court.— Hon. D. D. Fisher, Judge. The depositions of Harriet Ury, Mrs. Erskine Mansfield, and Simon P. Shulz, were taken in this case in pursuance of the statute, and thereby became part of the costs of the case, and should have been taxed against plaintiff. R. S. 1889, secs. 4434, 4440, 8920, 2920, 2935; Ex parte Livingston, 12 Mo. App. 86, 87; Ex parte Mu/nford, 57 Mo. 603; Larimore v. Both, 114 Id. 446; Ex parte Priest, 76 Id. 229; 1 Mc-Quillan’s Plead, and Prac.,'Sec. 1004, p. 846; 6 Ency. Plead, and Prac., p. 635; B!y v. Evanssich, 61 Tex. 3. As…

1Opinion of the CourtBond, J.

This action is upon an indemnity bond to recover the value of certain property claimed by relator in an attachment brought by the defendants against third parties. After issue joined defendants took the deposition of plaintiff and two other witnesses, a special commissioner having been appointed for that purpose. On the trial the deposition of plaintiff alone was introduced in evidence. It is conceded that all the deponents were residents of the city of St. Louis, in good health, and not expecting to leave the city, and amenable to the process of the courts. At *640the conclusion of the evidence…

2Cases cited2 opinions

  1. Bogie v. NolanSupreme Court of Missouri · 1888
  2. Watkins v. McDonaldMissouri Court of Appeals · 1897

3Cited by1 opinion

  1. Curtis v. Stix, Baer & Fuller Dry Goods Co.Missouri Court of Appeals · 1913

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