Missouri Pleading and Practice in Actions at Law and in Equity; Containing All the Statutory Provisions Pertaining Thereto

Missouri Pleading and Practice in Actions at Law and in Equity; Containing All the Statutory Provisions Pertaining Thereto : With Full Citations of the Adjudications of the Supreme Court and the Courts of Appeals Volume 1

By (author) 

List price: US$44.58

Currently unavailable

Add to wishlist

AbeBooks may have this title (opens in new window).

Try AbeBooks

Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 edition. Excerpt: ...party to a suit pending in any court in this State may obtain the deposiions of any Witness, to be used in such suit conditionally.' The conditions upon which such depositions shall be taken will hereinafter appear. Such depositions may be read and hall be evidence in the cause in which they shall have been laken under certain circumstances, which will be hereinafter noticed.' 'There suit is commenced by attachment, plainiiff may take depositions before summons is served or publicatiou completed. Depositions may be taken as soon as the cause is C0lllIl18I1('8d,3 and before the issues are joined.' When a demurrer is sustained to a petition, and leave is given to amend, the suit is still pending, until other and final action, and either party may take depositions without waiting for further pleading. The law only requires that the suit shall be pending, and if regularly instituted, and not finally disposed of, depositions may be taken. It is a provision against contingencies, for the possible condition of the cause at the time of the trial." The word "conditionally," used in the statute, does not limit the right to take depositions, but the right to use them." A party to a suit is under the same obligations to give his deposition as any other person.7 That a witness resides within the jurisdiction of the court in which a suit is pending, is in good health and contemplates no prolonged absence, but expects to be present at the trial, is not made by the statute an exception to the right of a party to the suit to have his depositionf' Deposition to prove a will rejected by the probate court may, in a proceeding to establish the will in the circuit court, be taken under the...show more

Product details

  • Paperback | 322 pages
  • 189 x 246 x 17mm | 576g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236868978
  • 9781236868978