Legal Opinion

State ex rel. Clendenin v. Schneider

Supreme Court of Missouri

Decided June 15, 1865PublishedCited by 7 opinions

Appeal from St. Louis Circuit Court. I. The Circuit Court erred in admitting the deposition of Benjamin Heaton, the whole of which was objected to; it contained much hearsay. The statement of what Bohrman had said about his agency and the ownership of the wood ought to have been excluded. Bohrman was alive at the time of the trial, and if he was a competent witness might have been called to testify in the cause.

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Appeal from St. Louis Circuit Court. I. The Circuit Court erred in admitting the deposition of Benjamin Heaton, the whole of which was objected to; it contained much hearsay. The statement of what Bohrman had said about his agency and the ownership of the wood ought to have been excluded. Bohrman was alive at the time of the trial, and if he was a competent witness might have been called to testify in the cause. The agency of a party cannot be proved by his own acts and declarations against one under whom he assumes to act. (Craighead v. Wells, 24 Mo. 404; Bell, to use of Davidson, v. Glover,…

1Opinion of the CourtLovelace, Judge

This is an action, brought in the St. Louis Circuit Court, upon two bonds given by the appellants to indemnify an officer for selling property attached by them in certain suits of attachment, brought by appellants against one Bohrman. Henry Deer was principal in one of the bonds, with George Schneider and the other defendants as securities, and George Schneider was principal in the other bond, with Henry Deer and the other defendants’ as securities. Upon the trial in the Circuit Court, a judgment was rendered for the plaintiff Clendenin on both bonds, and the cause is brought here by appeal.

Th…

2Cases cited2 opinions

  1. Leitensdorfer v. DelphySupreme Court of Missouri · 1851
  2. State v. WolffSupreme Court of Missouri · 1851

3Cited by7 opinions

  1. Burgert v. BorchertSupreme Court of Missouri · 1875
  2. State v. ThomasSupreme Court of Missouri · 1889
  3. Meyer v. LewisMissouri Court of Appeals · 1891
  4. Lemmon v. HartsookSupreme Court of Missouri · 1883
  5. Coy v. D. H. Dean & Marblehead Lime Co.Missouri Court of Appeals · 1928

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