East v. Pace
Supreme Court of Alabama
APPEAL from the Circuit Court of Bandolph. Tried before tbe Hon. John Henderson. This action was brought by Biehard B. Pace, appellee, •against Thomas J. East, appellant, for the conversion by tbe latter of a mule belonging to the former. Tbe defendant pleaded “not guilty,” and that the property was not tbe property of tbe plaintiff at the time of the alleged conversion.
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APPEAL from the Circuit Court of Bandolph. Tried before tbe Hon. John Henderson. This action was brought by Biehard B. Pace, appellee, •against Thomas J. East, appellant, for the conversion by tbe latter of a mule belonging to the former. Tbe defendant pleaded “not guilty,” and that the property was not tbe property of tbe plaintiff at the time of the alleged conversion. The plaintiff offered to read in evidence tbe interrogatories and answers thereto of one Tbomas G. Atkins, a witness for plantiff, which contained the following note, made by tbe commissioner: “ The letter J used in the…
1Opinion of the CourtStone, J.
1. The commissioner who took the deposition of Thomas G-. Atkins committed an error in altering and eori’ecting the name of the witness specified in the commission. The commission was an official paper, issued by the clerk, and, whether right or wrong, should have been allowed to remain as it was. But inasmuch as no motion was made-*524to suppress the entire deposition, we need not inquire what •effect such irregularity would have on the admissibility of the evidence, if the question was before us. We only mention the irregularity to express our condemnation of it. Section ■3081 of the Code of…
2Cases cited4 opinions
- Graham v. LockhartSupreme Court of Alabama · 1845
- Dixon v. BarclaySupreme Court of Alabama · 1853
- Spiers v. WillisonSupreme Court of the United States · 1808
- Duffie v. PhillipsSupreme Court of Alabama · 1858
3Cited by20 opinions
- Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
- McCutchen v. LogginsSupreme Court of Alabama · 1895
- Payne v. CrawfordSupreme Court of Alabama · 1893
- Mobile, J. &. K. C. R. R. v. HawkinsSupreme Court of Alabama · 1909
- Bulger v. RossSupreme Court of Alabama · 1893
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