Thayer v. Gallup
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Jefferson County. Thayer sued upon tbe following due-bill, wbicb was assigned to bim in December, 1859: “April 29, 1858. Due Ibberson & Griffin, for value received, one hundred and fifty-six 67-100 dollars. H. B. Gallup.” Tbe answer of tbe defendant is substantially stated in tbe opinion of tbe court.
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APPEAL from tbe Circuit Court for Jefferson County. Thayer sued upon tbe following due-bill, wbicb was assigned to bim in December, 1859: “April 29, 1858. Due Ibberson & Griffin, for value received, one hundred and fifty-six 67-100 dollars. H. B. Gallup.” Tbe answer of tbe defendant is substantially stated in tbe opinion of tbe court. On tbe trial, tbe plaintiff offered in evidence tbe dejoosition of Gardner Gallup, wbicb was taken at tbe residence of tbe witness, more tban thirty miles from tbe place of trial. Tbe witness was present in court, at tbe time bis deposition was offered, .but…
1Opinion of the Court
By the Court,
DixoN, C. J.
Tbe admitting or rejecting of tbe deposition in this case was a matter wbicb rested in tbe discretion of tbe court, upon wbicb error cannot be assigned. *541The cause for talcing it, wbicb was that the witness resided more than thirty miles from the place: of trial, still and although he was present in court, it did not come within the provisions of section 19, chap. 137, of the Revised Statutes, nor the decision of this court in the case of Morgan vs. Halverson, 9 Wis., 271. The reason for taking it still existing, it was by the statute a perfect and operative legal…
2Cases cited2 opinions
- Phenix v. BaldwinNew York Supreme Court · 1835
- Morgan v. HalversonWisconsin Supreme Court · 1859
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- Cruis Along Boats, Inc. v. Standard Steel Products Manufacturing Co.Wisconsin Supreme Court · 1964
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