Ely-Walker Dry Goods Co. v. McLaughlin, Dyer & Co.
Missouri Court of Appeals
Appeal from Howell Circuit Court. — lion. W. N. Evans, Judge. (1) Whenever any competent evidence shall have been preserved in a bill of exceptions in a cause, the same may be thereafter used in the same manner and with like effect as if such testimony had been preserved in a deposition in said cause, but the party against whom such testimony of a witness may be used, shall be permitted to prove any matters contradictory thereof as though such witness were present and…
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Appeal from Howell Circuit Court. — lion. W. N. Evans, Judge. (1) Whenever any competent evidence shall have been preserved in a bill of exceptions in a cause, the same may be thereafter used in the same manner and with like effect as if such testimony had been preserved in a deposition in said cause, but the party against whom such testimony of a witness may be used, shall be permitted to prove any matters contradictory thereof as though such witness were present and testifying in person. R. S. 1899, sec. 3119; Padley v. Oattelon, 61 Mo. App. 629; Lumber v. Hoss, 67 Mo. App. 261. (2) A…
1Opinion of the CourtGoode, J.
This cause was here on a former appeal (78 Mo. App. 578), when the judgment recovered by the interpleaders was reversed and the cause remanded for error of the trial court in refusing proper instructions requested by the plaintiff. The suit was by attachment; goods attached as the property of McLaughlin, Dyer & Company were sold; for the proceeds Mansur & Ellis interpleaded. On the second trial interpleaders again recovered judgment; plaintiff appealed. .
To sustain the interplea respondents offered and read in evidence the following bill of sale and rested their case:
“Enow all men by these…
2Cases cited45 opinions
- Mattox v. United StatesSupreme Court of the United States · 1895
- State v. GrantSupreme Court of Missouri · 1883
- Hamman v. Central Coal & Coke Co.Supreme Court of Missouri · 1900
- State v. McO'BlenisSupreme Court of Missouri · 1857
- Leahey v. Cass Avenue & Fair Grounds Railway Co.Supreme Court of Missouri · 1888
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3Cited by5 opinions
- Murphy v. StateMissouri Court of Appeals · 1982
- Torreyson v. TurnbaughMissouri Court of Appeals · 1904
- Ebert v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1913
- Nagel v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Coleman v. TreeceMissouri Court of Appeals · 1910