Rachac v. Spencer
Supreme Court of Minnesota
Appeal by defendant, W. Q. Spencer, from an order of the District Court of Hennepin County, Canty, J., made September 5, 1891, refusing his application to that court for a new trial of the action. The plaintiff, Mathias Eachac, brought this action to recover a balance of $156.40 of the agreed price for seeding six hundred and twenty (620) acres of land in Traill County, North Dakota, in April and May, 1889, at one dollar per acre.
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Appeal by defendant, W. Q. Spencer, from an order of the District Court of Hennepin County, Canty, J., made September 5, 1891, refusing his application to that court for a new trial of the action. The plaintiff, Mathias Eachac, brought this action to recover a balance of $156.40 of the agreed price for seeding six hundred and twenty (620) acres of land in Traill County, North Dakota, in April and May, 1889, at one dollar per acre. The defendant by his answer made a counter claim for wheat sold and delivered to the plaintiff. By his reply the plaintiff denied the purchase of the wheat. After…
1Opinion of the CourtVanderburgh, J.
It is provided by 1878 G. S. eh. 73, § 36, that whenever the testimony of any person without this state is wanted in any civil action in any court in this state, the same may be taken by and before any officer authorized to administer an oath in the state or territory in which the testimony of such person may *238be taken, upon notice to the adverse party of the time and place of taking the same. -Section thirty-seven (37) prescribes the manner in which the deposition shall be taken, and the nature of the. certificate of authentication. “The officer taking such deposition shall annex thereto a…
2Cases cited2 opinions
- Colman v. GoodnowSupreme Court of Minnesota · 1886
- DeGraw v. KingSupreme Court of Minnesota · 1881
3Cited by2 opinions
- Rock Island Plow Co. v. SchoeningSupreme Court of Minnesota · 1908
- Kinkade v. HowardSouth Dakota Supreme Court · 1904