Rice v. Waddill
Supreme Court of Missouri
Appeal from Adair Circuit Court. — Hon. Nat. M. Shelton, ■ Judge. (1) Tbe alleged deposition was not evidence and could not be made sucb, or used on tbe trial, and defendants were not attempting to use it. Sec. 2904:, R. S. 1899. Unless the deposition is regularly taken and filed in the cause, it does not waive competency of the witness.
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Appeal from Adair Circuit Court. — Hon. Nat. M. Shelton, ■ Judge. (1) Tbe alleged deposition was not evidence and could not be made sucb, or used on tbe trial, and defendants were not attempting to use it. Sec. 2904:, R. S. 1899. Unless the deposition is regularly taken and filed in the cause, it does not waive competency of the witness. Borgess Oo. v. Vette, 142 Mo. 142. Plaintiff at the trial was only examined in relation to things concerning which the statute makes her incompetent. There is no evidence that she was examined as to such things in the alleged deposition. If she was not so…
1Opinion of the CourtGantt, J.
— This is a suit in equity by plaintiff, who is the widow of Columbus T. Rice, deceased, against the de*108fendants, who are a son-in-law and the children and grandchildren of said Columbus T. Rice, for an accounting of the moneys given by said Columbus T. Rice to these defendants for the alleged fraudulent purpose of defeating her dower right therein, and to set aside the conveyance of certain real ■estate to certain of said defendants charged to have been made by-said Rice secretly and with a view to defraud her of her dower therein, on the eve of his marriage to plaintiff, and to declare a…
2Cases cited14 opinions
- In re Estate of SoulardSupreme Court of Missouri · 1897
- Henry v. SneedSupreme Court of Missouri · 1889
- Borgess Investment Co. v. VetteSupreme Court of Missouri · 1898
- Darrier v. DarrierSupreme Court of Missouri · 1874
- Tucker v. TuckerSupreme Court of Missouri · 1860
9 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- McClenahan v. KeyesCalifornia Supreme Court · 1922
- Linders v. LindersSupreme Court of Missouri · 1947
- Imboden v. St. Louis Union Trust Co.Missouri Court of Appeals · 1905
- Lampe v. Franklin American Trust Co.Supreme Court of Missouri · 1936
- Merz v. Tower Grove Bank & Trust Co.Supreme Court of Missouri · 1939
38 more not listed; retrieve them via the Exa API.