Gussner v. Hawks
North Dakota Supreme Court
Appeal from District Court, Emmons county, Winchester, J. Action by George Gussner against Stephen A. Hawks. Judgment for defendant, and plaintiff 'appeals. A portion of a deposition may be read. VanHorn v. Smith, 12 N. W. 789. When in the taking of a deposition of a witness the adverse party has appeared and cross-examined, he is entitled to the benefit of the deposition, and may read such portions of it as he chooses without being compelled to read the whole.
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Appeal from District Court, Emmons county, Winchester, J. Action by George Gussner against Stephen A. Hawks. Judgment for defendant, and plaintiff 'appeals. A portion of a deposition may be read. VanHorn v. Smith, 12 N. W. 789. When in the taking of a deposition of a witness the adverse party has appeared and cross-examined, he is entitled to the benefit of the deposition, and may read such portions of it as he chooses without being compelled to read the whole. Converse v. Meyer, 14 Neb. 190, 15 N. W. 340; Southwark Ins. Co. v. Knight, 6 Whar. Pa. 327; Geilatly v. Lowry, 6 Bosw. 13 (N. Y.) ;…
1Opinion of the CourtMorgan, J.
The plaintiff brought this action to recover possession of seventy head of cattle, of which he claims to be the absolute owner. The defendant, by his answer, denies the plaintiff’s ownership, and alleges ownership in himself. Upon the conclusion of the taking of testimony on behalf of the plaintiff the court directed a verdict for the defendant upon his motion. After the denial of a motion for a new trial judgment of dismissal of the action was entered, and the plaintiff has appealed from such judgment. The assignments of error relate to the exclusion of offered testimony and to the granting…
2Cases cited4 opinions
- Velsian v. LewisOregon Supreme Court · 1888
- First National Bank v. Minneapolis & Northern Elevator Co.North Dakota Supreme Court · 1902
- Stevenson v. KyleWest Virginia Supreme Court · 1896
- Gilman Linseed Oil Co. v. NortonSupreme Court of Iowa · 1893
3Cited by4 opinions
- Swift & Co. v. Jamestown National BankCourt of Appeals for the Eighth Circuit · 1970
- Moore v. Utah Idaho Cent. R. Co.Utah Supreme Court · 1918
- Bowen v. DurantNorth Dakota Supreme Court · 1913
- Swift and Company, a Corporation v. Jamestown National Bank, a Corporation, and Alvin Hornbacher, Doing Business as Jamestown Livestock Sales, Swift and Company, a Corporation v. Jamestown National Bank, a Corporation, and Alvin Hornbacher, Doing Business as Jamestown Livestock SalesCourt of Appeals for the Eighth Circuit · 1970