Greene v. Chickering & McKay
Supreme Court of Missouri
APPEAL from the St. Louis Circuit Court. I. As to the exclusion of Floyd’s deposition. This deposition was taken on the part of th® plaintiffs. Both parties appeared at the examination, and no objection was made on either side 'to the commission, nor was any objection taken afterwards, till the moment when the deposition was offered on the trial. ' 1st. The action of the parties under the commission, was a waiver of its irregularity.
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APPEAL from the St. Louis Circuit Court. I. As to the exclusion of Floyd’s deposition. This deposition was taken on the part of th® plaintiffs. Both parties appeared at the examination, and no objection was made on either side 'to the commission, nor was any objection taken afterwards, till the moment when the deposition was offered on the trial. ' 1st. The action of the parties under the commission, was a waiver of its irregularity. Dawson vs. Tibbs, 4 Yeates’ Rep., 349. In that case the commission issued without an order of Court, but the parties had acted under it, and the Court held the…
1Opinion of the CourtScott, J.
This was an action of assumpsit against Greene, the appellant, to recover the value of a piano forte. Plea — Non assumpsit. Verdict and judgment for the appellees — plaintiffs.
On the trial, Trenchery’s deposition was read for the plaintiffs, which proved that Trenchery was agent for the plaintiffs for selling piano fortes, of which they were the manufacturers, and that one was sold to the defend mt for the sum of $850, which remained unpaid. Another witness testified to the agency of Trenchery, and the sale .to Greene. *111To the reading of Trenchery’s deposition, the defendant objected on the.…
2Cases cited1 opinion
- Rogers v. BarnettCourt of Appeals of Kentucky · 1817
3Cited by7 opinions
- McClintock v. CurdSupreme Court of Missouri · 1862
- Watson v. RaceMissouri Court of Appeals · 1891
- Brackett v. James Black Masonry & Contracting Co.Supreme Court of Missouri · 1930
- Henderson v. JohnsonCourt of Appeals of Texas · 1900
- Atchison, Topeka & Santa Fé Railroad v. United StatesUnited States Court of Claims · 1879
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