National Fertilizer Co. v. Holland
Supreme Court of Alabama
Appeal from the Circuit Court of Geneva. Tried before the Hon. John R. Tyson, The appellant, the National Fertilizer Company, brought the present action against the appellees, E. E. Holland and others, upon a promissory note, alleged to have been executed to the plaintiff by the defendants.
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Appeal from the Circuit Court of Geneva. Tried before the Hon. John R. Tyson, The appellant, the National Fertilizer Company, brought the present action against the appellees, E. E. Holland and others, upon a promissory note, alleged to have been executed to the plaintiff by the defendants. After the case was called for trial, and after the plaintiff and defendants had announced ready, the defendants moved the court to suppress the deposition of one J. B. Reid, which had been taken by the plaintiff in the cause. The intorrogatories, upon which said deposition was founded, were propounded…
1Opinion of the CourtColeman, J.
The mere announcement of the parties, that they are ready for trial is not such an entering on the trial, as to preclude a party from making a motion to suppress a deposition. — Code § 2810. The court has the right to demand of the parties, whether they are ready before he is required to hear and determine any question connected with the cause. The rule declared in Morgan v. Wing, 58 Ala. 301, will not be extended further than as therein stated. Interrogatories were propounded by the plaintiff under subdivision 5, of section 2801 of the Code, and filed with the clerk. The motion to suppress…
2Cases cited2 opinions
- City of Mobile v. MurphreeSupreme Court of Alabama · 1892
- Morgan v. WingSupreme Court of Alabama · 1877
3Cited by12 opinions
- Kinnon v. L. & N. R. R.Supreme Court of Alabama · 1914
- State v. CarterSupreme Court of Alabama · 1958
- Globe Rutgers Fire Ins. Co. v. JonesSupreme Court of Alabama · 1925
- Ex Parte Monroe County BankSupreme Court of Alabama · 1950
- Provident Life Accident Ins. Co. v. PriestSupreme Court of Alabama · 1925
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