5 Mo. 102 | Mo. | 1838
delivered the opinion of the court.
Martien sued Barr before a justice of the peace) and judgment being rendered against him by the justice, he appealed to the circuit court, where judgment being again given against him, he sued out his writ of error to reverse that judgment.
It appears from the bill of exceptions that Martien, the plaintiff in error, offered to give as evidence in the circuit court the testimony of Barr before the justice of the peace, and that the court refused to permit him to do it. For this reason he moved to set aside the verdict and for a new trial. The circuit court overruled his motion.
The only point made is, whether the circuit court committed error in refusing to permit evidence of the testimony of Barr before the justice? Barr, the defendant, had been examined as a witness before the justice of the peace conformably to the provisions of the act to establish justices courts — see 16th and 17th sections of 5th article of that act, page 361 of the Digest of 1835; and the plaintiff sought to give evidence of that testimony by him there given under the head of admissions, as
It appears to me to be against equity to permit evidence to be given before the circuit court of the declarations of the defendant before the justice. The judgment of the circuit court ought, in my opinion, to be affirmed, and Judge Edwards concurring with me, it is affirmed.