Parmelee v. Austin
Illinois Supreme Court
This action was brought in a justice’s court, and taken, by-appeal, to the Cook Circuit Court. Austin, the plaintiff below, sued out of the clerk’s office of the Circuit Court a commission to take the evidence of one Jane M. King, of the city of New York. On the 2nd March, 1857, the said commission was returned, with the deposition of said witness, duly filed and opened. On the said 23rd day of May, 1857, the said cause was tried before Manniere, Judge, and a jury.
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This action was brought in a justice’s court, and taken, by-appeal, to the Cook Circuit Court. Austin, the plaintiff below, sued out of the clerk’s office of the Circuit Court a commission to take the evidence of one Jane M. King, of the city of New York. On the 2nd March, 1857, the said commission was returned, with the deposition of said witness, duly filed and opened. On the said 23rd day of May, 1857, the said cause was tried before Manniere, Judge, and a jury. The plaintiff, Austin, read, in evidence, on said trial the deposition of Jane M. King, aforesaid, which is as follows: 1st. To…
1Opinion of the CourtCaton, C. J.
This was an action, brought before a justice of the peace, against Parmelee, as the owner of an omnibus line in Chicago, for the loss of baggage, delivered to the agent of his line.
We cannot say the court erred in overruling the objections to the deposition of Jane M. King. In substance, the evidence contained in the deposition was pertinent to the issue, and fully sustained it on the part of the plaintiff. She had no interest in the event of this cause. The action was not brought for the loss of any article belonging to the witness. It was no objection to the witness because the lost…
2Cited by5 opinions
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