1 W. Legal News 1 (1887)

handle is hein.journals/welegnew1 and id is 1 raw text is: THE
VOL. 1.          LINCOLN, NEB., MARCH 1, 1887.             NO. 1.
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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