Theuber v. Marek

(after stating the facts as above). [1] Appellant made James Phiip a party defendant in this cause, and at the same time ashed for an order requiring Phiip to file a statement under oath, showing his dealings in the alleged cattle transactions. The court made a vacation order, requiring Phiip to file a sworn statement as ashed for by appellant. In obedience to the order of the judge said Phiip filed a sworn statement, setting forth an agreement with appellant to purchase cattle, and specifying the cattle bought and the amount paid for them. The statement further recited that—

“Ed Mareh never…