Scholes v. Ackerland
Illinois Supreme Court
This was an action of assumpsit brought by appellees against appellants as common-carriers, owners of steamboat “ Mooastac,” for the loss of certain goods, shipped on board said boat at St. Louis for Peoria. Plea, non assumpsit, verdict for appellees for f84.58. On the 18th of April, 1851, appellees gave notice to take the deposition of Seymour Rank of Cincinnati. Commission issued May 1, 1851, to take the deposition of Seymour Rank. Interrogatories were propounded to him.
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This was an action of assumpsit brought by appellees against appellants as common-carriers, owners of steamboat “ Mooastac,” for the loss of certain goods, shipped on board said boat at St. Louis for Peoria. Plea, non assumpsit, verdict for appellees for f84.58. On the 18th of April, 1851, appellees gave notice to take the deposition of Seymour Rank of Cincinnati. Commission issued May 1, 1851, to take the deposition of Seymour Rank. Interrogatories were propounded to him. The deposition of Seigmund Rank, and signed Seigmund Rank, is taken and returned with the commission. The testimony of…
1Opinion of the CourtTreat, C. J.
But one of the assignments of error need be considered. The plaintiffs notified the defendants that they would sue out a commission to take the testimony of Seymour Rank. Interrogatories were propounded by both parties, and attached to the commission. The commissioner returned the deposition of Seigmund Rank. In August, 1851, the defendants filed exceptions to the deposition; the chief ground of objection being that no notice had been given to take the testimony of the witness. At the May term, 1852, on the calling of the cause for trial, but before the jury was sworn, the exceptions were…
2Cited by2 opinions
- Smith v. WesterfieldCalifornia Supreme Court · 1891
- Rives v. MarrsIllinois Supreme Court · 1861