Richardson & Co. v. Burlington & Missouri River Railroad
Supreme Court of Iowa
Appeal from the Henry District Court. The plaintiffs appeal from, tbe orders of the district court, suppressing a deposition, and awarding a change of venue. Eor the facts, see the opinion of the court. cited Baldwin et ux. v. The M. db M. Railroad Go., 5 Iowa, 518 ; Bristol v. Chicago and Aurora R. R. Go,, 15 111., 436. cited Code, 329 ; Bddiucum v. Kirk, 3 Cranch, 293; Bank of U. S. v. Mo Kinsey, 2 Brock., 393; Louisville, G. Gh.
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Appeal from the Henry District Court. The plaintiffs appeal from, tbe orders of the district court, suppressing a deposition, and awarding a change of venue. Eor the facts, see the opinion of the court. cited Baldwin et ux. v. The M. db M. Railroad Go., 5 Iowa, 518 ; Bristol v. Chicago and Aurora R. R. Go,, 15 111., 436. cited Code, 329 ; Bddiucum v. Kirk, 3 Cranch, 293; Bank of U. S. v. Mo Kinsey, 2 Brock., 393; Louisville, G. Gh. R. R. Go. v. Letson, 2 How., 497 ; Angel & Ames on Corp., 97 ; lb., see. 407.
1Opinion of the Court
"Wrigi-it, C. J.
A notice was served on defendant’s attorney, in Des Moines county, on the 21st of July, 1858, informing him that plaintiffs would proceed to take the deposition of one Crawford, in Mount Pleasant, Henry county, on the 26th of that month. The deposition wa,s taken on the day named. There was no appearance for defendants. A motion was made to exclude, at the next term, upon the ground, among others, that the time given in the notice, was not sufficient. This motion was sustained, and, as we think, properly.
The notice required, in such cases, is, at least, five days, and when…
2Cases cited1 opinion
- Baldwin v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1858
3Cited by10 opinions
- City of Dubuque v. Illinois Central RailroadSupreme Court of Iowa · 1874
- President of the Baltimore v. CrowtherCourt of Appeals of Maryland · 1885
- Nickell v. District Court of Clarke CountySupreme Court of Iowa · 1926
- State v. BogardusSupreme Court of Kansas · 1901
- Wiar v. Wabash RailroadSupreme Court of Iowa · 1911
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