Dickinson's Executors v. Clarke
West Virginia Supreme Court
Action of assumpsit in the circuit court of Kanawha county; declaration filed August rules, 1868. James T. Clarke and others were plaintiffs, and the .executors of John J. Dickinson defendants. The declaration alleged the sale by the plaintiffs, and purchase by the defendant’s testator and four others, of the steamboat “Mollie Norton,” on the 27th of October, 1867, for the price of twenty-one thousand dollars.
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Action of assumpsit in the circuit court of Kanawha county; declaration filed August rules, 1868. James T. Clarke and others were plaintiffs, and the .executors of John J. Dickinson defendants. The declaration alleged the sale by the plaintiffs, and purchase by the defendant’s testator and four others, of the steamboat “Mollie Norton,” on the 27th of October, 1867, for the price of twenty-one thousand dollars. On the trial of the case, the plaintiffs offered in evidence the deposition of one Alex. Vance, with a copy of a power of attorney attached, as an exhibit. This power of attorney…
1Opinion of the Court
Bericshire, P.
Three objections are urged against the judgment complained of.
The first is that the court erred in admitting the copy of the power of attorney from John J. Dickinson to John L. Vance, mentioned in the appellant’s first bill of exceptions. This copy was filed as an exhibit with the deposition of A. Vance, taken by consent, previous to the trial. There was no evidence to show that the original was lost or could not be obtained or produced on the trial; but on the contrary, it appears from said deposition that it was then in the possession of the witness, who declined to file it,…
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