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1 W. Legal News 1 (1887)

handle is hein.journals/welegnew1 and id is 1 raw text is: THE WESTERN LEGAL NEWS. VOL. 1. LINCOLN, NEB., MARCH 1, 1887. NO. 1. SUPREME COUR7 OF NEBRASKA. ADVERSE PARTY MAY BE COMPELLED TO TESTIFY-NOTARY MAY COMMIT POR CONTEMPT. Dogge vs. Melick. Error from Lancaster county Affirmed. Opin- ion by Reese, J. W. H. Woodward and H. J. Whitmore, for Plaintiff. A. W. Field and W. J. Houston, for Defendant. 1. Under the provisions of the statutes of this state the parties to a civil action are competent witnesses, and each may be compelled to testify, in favor of the adverse party, the same as any other witness. 2. A notary public has power to commit a witness who refuses to give his deposition iu a proper case. On the 23d day of July, 1886, plaintiff filed her petition for a writ of habeas corpus, before the Honorable S. .B. Pound, a judge of the district court of the second judicial district, as follows, to-wit: Your petitioner, Bertha Dogge, respectfully represents to S. B. Pound, judge of the district court for the county of Lancaster, that she is unlawfully deprived of her liberty by one S. M. Melick, sheriff of Lancaster county, in this state. Your petitioner alleges the facts in regard to said detention to be as follows, to-wit: This petitioner is one of the defendants in an action pending in the district court of said county, wherein Hart Bros., et at are plaintiffs and Bertha Boggs, et at are defendants: That one of the plaintiffs in said action, on the 16th day of July, '86, served upon the attorneys of your petitioner a notice that they would on the 21st day of July, '86, at the office of James L. Caldwell, in the city of Lincoln, N e- braska, take the deposition of your petitioner; that on the 19th day of july '86, an alleged subpcena commanding your petitioner to appear before W. J. Houston, a notary public at the office of J. L. Caldwell, in the city.of Lincoln, in said county, on the 21st day of July, '86, at 9 o'clock in the forenoon, and give evidence in a suit between Hart Bros. plaintiffs. and Bertha Dogge and Otto H. Dogge, defendants, on the part of said Hart Bros. plaintiffs. That your petitioner failed and refused to comply with the order of ,id pretended subpcena and thereupon the said notary public, W. J. Houston, issued a writ of attachment, directed to the sheriff of said

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