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4 Wis. 304

Douglass v. Rogers

Wisconsin Supreme Court

Decided June 15, 1856

Wisconsin Supreme Court · decided 1856-06-15

This was an action of assumpsit, brought by the defendant in error, before O. R. Johnson, a justice of the peace of La Crosse county, in January, 1853. The declaration was upon a promissory note for $50, made by Douglass, June 12, 1852, and payable September 15, 1852. The plaintiff in error pleaded the general issue, want of consideration, and a special contract.

Decided 1856-06-15

¶1By the Oourt,

Whitow, C. J.

¶2There can be no doubt that tbe judge before whom this case was tried, committed an error in ruling out tbe depositions of Hubbell and Sims. Tbe parties bad stipulated that they should be used as evidence on tbe trial, reserving to the plaintiff tbe right to object to matters of substance. This reservation could not have tbe effect to prevent their introduction as evidence.

¶3It can be allowed only to have tbe .effect to allow tbe plaintiff to object at tbe trial to matters contained in tbe depositions which might be improper, but cannot have tbe effect to exclude them altogether.

¶4Tbe judgment must, therefore, be reversed.

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