Eddins v. Wilson
Supreme Court of Alabama
THE plaintiff in error brought an action of Trover against the defendant in the circuit court of Pike, for the conversion of certain negro slaves, alleged to be the property of the plaintiff. The case was submitted to the jury on the plea of “ not guilty,” and a verdict was returned for the defendant.
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THE plaintiff in error brought an action of Trover against the defendant in the circuit court of Pike, for the conversion of certain negro slaves, alleged to be the property of the plaintiff. The case was submitted to the jury on the plea of “ not guilty,” and a verdict was returned for the defendant. On the trial, the presiding judge sealed a bill of exceptions, from which it appears, that the defendant offered in evidence, the deposition of a witness, which had been taken, on the ground that he was about to leave the State. The reading of this deposition was objected to, because the witness…
1Opinion of the CourtCollier, C. J.
— By the second section of the act of 1807, it is enacted that, “ if-any person who may be a witness in any cause, depending in any of the said courts, shall be under the necessity of leaving this territory before such cause is to be tried, or even before it be at issue, upon oath thereof being made before any judge or justice of the eourt wherein the cause is depending,'such judge or justice is hereby empowered to lake the deposition of such witness, etc.” [Aik. Dig. 126.]
The suggestion on which the deposition read on the trial, was taken, is recognized by the statute as authorizing the…
2Cited by6 opinions
- Gilliland v. FennSupreme Court of Alabama · 1890
- Stokes v. JonesSupreme Court of Alabama · 1851
- Jefferson County Savings Bank v. EbornSupreme Court of Alabama · 1887
- Dent v. PortwoodSupreme Court of Alabama · 1850
- Hicks v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1915
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