Adams v. Raigner
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hon. E. P. Wright, Judge. This was an action of ejectment brought by Thomas Adams against John H. Raigner.
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Appeal from Johnson Circuit Court. — Hon. E. P. Wright, Judge. This was an action of ejectment brought by Thomas Adams against John H. Raigner. At the trial, Raigner, to sustain the issues on his pai’t, offered in evidence the deposition of W. P. Mayes, and the court permitted him to read it against the objection of plaintiff, This deposition was taken before the institution of the present suit, in an action of ejectment wherein Erancis M. Morgan was plaintiff' and the present plaintiff and one Shockley Adams were defendants, and the matter in controversy was th.e right to the possession of…
1Opinion of the CourtNapton, J.
The only question presented in this ease is, whether the deposition of Mayes was admissible. The decision of the circuit court on the matter of fact is not a subject of. review. This deposition was taken in a case where the present plaintiff was defendant, and the plaintiff was one from whom the present defendant claims his title. If the deposition was reliable, there was an end of the case. It was taken in a case where the plaintiff undoubtedly had an opportunity of cross-examination. It is true that in Samuel v. Withers, 16 Mo. 532, it was said that the deposition should be filed in the…
2Cases cited2 opinions
- Parsons v. ParsonsSupreme Court of Missouri · 1870
- Samuel v. WithersSupreme Court of Missouri · 1852
3Cited by9 opinions
- Allen v. ChouteauSupreme Court of Missouri · 1890
- Borders v. BarberSupreme Court of Missouri · 1884
- Lovell v. DavisMissouri Court of Appeals · 1893
- Edwards v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1907
- Briggs v. BriggsCalifornia Supreme Court · 1889
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