Grinnan v. Mockbee
Supreme Court of Missouri
Appeal from Jackson Circuit Court. The facts sufficiently appear in the opinion of the court. I. The deposition of Mockbee was improperly read in evidence. I. The testimony of the defendant Mockbee shows conclusively that when the deposition was taken he was beyond the jurisdiction of the court. The presumption is that he continued beyond the court’s jurisdiction. It devolved upon the defendant to show a different place of residence.
Read the full summary
Appeal from Jackson Circuit Court. The facts sufficiently appear in the opinion of the court. I. The deposition of Mockbee was improperly read in evidence. I. The testimony of the defendant Mockbee shows conclusively that when the deposition was taken he was beyond the jurisdiction of the court. The presumption is that he continued beyond the court’s jurisdiction. It devolved upon the defendant to show a different place of residence. (10 Barb. 175.) The testimony offered by defendant is insufficient to show that he had moved within the jurisdiction of the court. It was a surprise upon…
1Opinion of the CourtEwing, Judge
The only question for our consideration is the action of the circuit court in permitting the deposition of Mockbee to be read in evidence.
The bill of exceptions shows that when the respondent offered to read the deposition, the appellant objected on the ground that the deponent was then living within forty miles from the place of trial, and that, upon examination of the deposition, it appeared to the court that at the time the same was taken (during the last year) the deponent stated therein that he lived about fifty miles from the place of trial. The court, thereupon, required the appellant…
2Cited by3 opinions
- Biebinger v. TaylorSupreme Court of Missouri · 1876
- Carr v. DawesMissouri Court of Appeals · 1890
- Carter v. DavisSupreme Court of Missouri · 1884