Donnell v. Thompson
Supreme Court of Alabama
Writ of Error to the Circuit Court of Montgomery. Before the Hon. G. D. Shortridge. This was an action of trover, brought by the defendant in error, against the plaintiff, to recover damages, for the conversion of a promissory note, executed by A. Martin, to Mrs. Amanda Converse, or bearer, for $ 125. The declaration described the note as dated the 24th December, 1843, and due January, 1845. It does not appear that the note was indorsed by the payee.
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Writ of Error to the Circuit Court of Montgomery. Before the Hon. G. D. Shortridge. This was an action of trover, brought by the defendant in error, against the plaintiff, to recover damages, for the conversion of a promissory note, executed by A. Martin, to Mrs. Amanda Converse, or bearer, for $ 125. The declaration described the note as dated the 24th December, 1843, and due January, 1845. It does not appear that the note was indorsed by the payee. To prove property in the plaintiff, the deposition of Jesse Thompson was read, who stated that he received the note from Drury Thompson, who…
1Opinion of the CourtDargan, J.
It is contended, under the first assignment of errors, that the court erred in permitting the deposition of *444Jesse Thompson to be read as evidence. First, because the deposition describes a note dated on the 26th of December, and the declaration describes the note as dated on the 24th. We will not inquire whether this variance would have been fatal, if the objection had been made in the court below. It is enough that this objection was not made to the reading of the deposition in that court.
It is the right of the party to object to depositions, but he must point out his objections, and he…
2Cases cited1 opinion
- Evertson v. BoothNew York Supreme Court · 1822
3Cited by12 opinions
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- Noble v. StateSupreme Court of Alabama · 1877
- National Bank of New Zealand, Ltd. v. FinnCalifornia Court of Appeal · 1927
- Butler v. M. Ins.Supreme Court of Alabama · 1848
- Meyer v. HearstSupreme Court of Alabama · 1883
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