Tindall v. Johnson
| Decision Date | 31 August 1835 |
| Parties | O. TINDALL v. D. JOHNSON. |
| Court | Missouri Supreme Court |
ERROR TO THE CIRCUIT COURT OF HOWARD COUNTY.
This case differs in nothing from the other except that the defendant below offered to read some depositions taken in a former suit between the same parties which were rejected by the court. We have no hesitation in saying that the depositions ought to have been read if there were no other objections to them. The statute allows the depositions to be taken and read in certain cases, as where the witness resides more than sixty miles from the place of holding court, &c. So long as the cause for taking the depositions exists there is no reason why they should not be read in the same, or any other suit between the same parties. It is objected that the plaintiff might have failed to attend to examine the witnesses, because he intended to dismiss his suit. This is his own act, and if that were the case nothing is seen to hinder him from taking depositions a second time to supply any deficiency in the first.(a) The judgment will be reversed and the cause remanded.
(a). Gen. St. of 1865, p. 592, § 55. Copy may be read--Finney v. St. Charles College, 13 Mo. R. 266. But such depositions most be filed and notice given--Samuel v. Withers, 16 Mo. R. 532; see also Kritzer v. Smith, 21 Mo. R. 296; Charleson v. Hunt, 27 Mo. R. 34; Perry v. Moore, 24 Mo. R. 285; Cabanne v. Walker, 31 Mo. R. 274.
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Hendricks v. Calloway
... ... 559. The defendants claiming in privity, the ... depositions were competent and even a motion to suppress ... should have been overruled. Tindall v. Johnson, 4 ... Mo. 113; Allen v. Choteau, 102 Mo. 308. (3) Unless ... the petition totally fails to state a cause of action an ... objection ... ...
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Bates v. Bates
...are taken in a case, they may be read in a subsequent action between the same parties and where the same issues are involved. Tyndall v. Johnson, 4 Mo. 113; v. Chouteau, 102 Mo. 308; Lohman v. Stocke, 94 Mo. 672. (3) But where it is sought to use such depositions, the depositions must be fi......
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Adams v. Raigner
...Mayes was dead at the time of the trial of this cause. Elliott & Jetmore for appellant, cited Starkie on Ev., (9 Am. Ed.)* 412; Tindall v. Johnson, 4 Mo. 113; Samuel v. Withers, 16 Mo. 532. C. E. Moorman for respondent, cited Parsons v. Parsons, 45 Mo. 265; Jaccard v. Anderson, 37 Mo. 91; C......
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Seeley v. Kansas City Star Co.
...on the same cause of action, such depositions, after giving notice to the opposite party of the intention to so use the same. Tindall v. Johnson, 4 Mo. 113; Samuel Withers, 16 Mo. 532; Cabanne v. Walker, 31 Mo. 274; Parsons v. Parsons, 45 Mo. 265. But it is a well-settled rule of constructi......