Haskell v. Sullivan
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. This was a suit upon a promissory note by endorsee against endorser. The defendant was duly subpoenaed to attend as a witness for the plaintiff at the trial. Failing to attend, the court, on motion, struck out the answer of defendant, and rendered judgment for the plaintiff. The defendant filed his motion for new trial, supported by an affidavit that his absence was not contumacious. The motion was overruled, and defendant appealed.
1Opinion of the CourtBates, Judge
This cause was submitted to the court before any of the present judges were on the bench and a decision agreed upon by the judges then upon the bench; and the parties to the cause now consent that the decision arrived at by those judges may be adopted by this court. The court does therefore adopt the opinion written by Judge Ewing, and concurred in by Judge Napton, as the opinion of the court, and in accordance therewith the judgment of the court below is affirmed, with ten per cent, damages ;
all the judges concurring. Ewing, Judge.
When a party has been subpoenaed as a witness and refuses to…
2Cited by11 opinions
- McIntire v. McIntireSupreme Court of Missouri · 1883
- Lipman v. BechhoeferSupreme Court of Minnesota · 1918
- Finance Co. v. . HendrySupreme Court of North Carolina · 1925
- Tyson v. Farm & Home Savings & Loan Ass'nSupreme Court of Missouri · 1900
- Beaufort County Lumber Co. v. CottinghamSupreme Court of North Carolina · 1915
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