Warlick v. Peterson
Supreme Court of Missouri
■Appeal from Madison Circuit Court. I. The certificate of the justice appended to the depositions sought to be suppressed,wholly fails to comply with the requirements of the statute in this: it fails to show and omits to set forth that the depositions were reduced to Avriting, etc., on the day, between the hours, and at the place set forth in the notice. This omission is fatal. (Wagn. Stat., 526, § 22; Thomas vs. Wheeler, 47 Mo. 364-5; Moss vs. Booth, 34 Mo. 317.) II.
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■Appeal from Madison Circuit Court. I. The certificate of the justice appended to the depositions sought to be suppressed,wholly fails to comply with the requirements of the statute in this: it fails to show and omits to set forth that the depositions were reduced to Avriting, etc., on the day, between the hours, and at the place set forth in the notice. This omission is fatal. (Wagn. Stat., 526, § 22; Thomas vs. Wheeler, 47 Mo. 364-5; Moss vs. Booth, 34 Mo. 317.) II. The character of a witness may be impeached by general evidence of reputation. (State vs. White, 35 Mo., 500.) And in doing…
1Opinion of the CourtVories, Judge
This action was brought on the 14th day of May, 1872, to recover the amount due on a promissory note executed by the defendant, payable to the plaintiff, for the sum of one hundred and twenty-two dollars and fifty-nine cents. The note was dated February the 19th, 1856, and made payable one day after date.
The answer of the defendant averred that no cause of action had accrued on the note within ten years, and relied on the statute of limitations. The defendant by his answer also set up as a further defense to the note, that in the year 1859 he and the plaintiff had a settlement of all demands…
2Cases cited4 opinions
- Boyd v. HurlbutSupreme Court of Missouri · 1867
- Dale v. WrightSupreme Court of Missouri · 1874
- Moss v. BoothSupreme Court of Missouri · 1864
- Thomas v. WheelerSupreme Court of Missouri · 1871
3Cited by6 opinions
- Denny v. GuytonSupreme Court of Missouri · 1931
- Chidsey v. PowellSupreme Court of Missouri · 1887
- Waddingham v. HulettSupreme Court of Missouri · 1887
- Mastin v. BranhamSupreme Court of Missouri · 1885
- Williams v. MarktMissouri Court of Appeals · 1987
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