Omaha Street Railway Co. v. Elkins
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Ferguson, J. Where a witness is beyond the jurisdiction of the court, his testimony given at a former trial between the same parties, with reference to the same subject-matter, is admissible in evidence.
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Error from the district court of Douglas county. Tried below before Ferguson, J. Where a witness is beyond the jurisdiction of the court, his testimony given at a former trial between the same parties, with reference to the same subject-matter, is admissible in evidence. (City of Omaha v. Jensen, 35 Neb., 68; MaCill v. Kauffman, 4 S. & R. [Pa.], 316; Carpenter v. Groff, 5 S. & R. [Pa.], 162; People v. Devine, 46 Cal., 45; Lowe v. State, 86 Ala., 47; Sneed v.' State, 47 Ark., 180; Parker v. State, 24 Tex. App., 61.)
1Opinion of the Court
Irvine, C.
■
On the trial of this case in the district court the defendant called to the stand the stenographic reporter, produced a transcript of the testimony of a witness given at a former ■trial of the same action, and offered to prove and introduce in evidence such testimony. The offer was objected to, as incompetent, irrelevant, and immaterial, because the witness might now testify differently, and because there was ■no authority for introducing the testimony of the witness given at a- former trial. The objection was sustained and the evidence excluded. The defendant had asked for a…
2Cases cited7 opinions
- Bergen v. PeopleIllinois Supreme Court · 1856
- Howard v. PatrickMichigan Supreme Court · 1878
- Lowe v. StateSupreme Court of Alabama · 1888
- Gerhauser v. North British & Mercantile InsuranceNevada Supreme Court · 1871
- City of Omaha v. JensenNebraska Supreme Court · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Toledo Traction Co. v. CameronCourt of Appeals for the Sixth Circuit · 1905
- Atchison, T. & S. F. Ry. Co. v. BakerSupreme Court of Oklahoma · 1913
- City of Ord v. NashNebraska Supreme Court · 1897
- Great Northern Ry. Co. v. EnnisCourt of Appeals for the Ninth Circuit · 1916
- Gilmore v. ButtsSupreme Court of Kansas · 1900
5 more not listed; retrieve them via the Exa API.