Jackson v. Hughes
Supreme Court of Alabama
Wmt of error to the Circuit Court of Barbour. This was an action of assumpsit, commenced by attachment / on two promissory notes, at the suit of the defendant in error' against the plaintiff. A judgment was rendered for the plaintiff for the amount of the notes and interest, reciting that the defendant had withdrawn his- plea. Previous to the rendition of the judgment, the defendant excepted to the ruling' of the court.
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Wmt of error to the Circuit Court of Barbour. This was an action of assumpsit, commenced by attachment / on two promissory notes, at the suit of the defendant in error' against the plaintiff. A judgment was rendered for the plaintiff for the amount of the notes and interest, reciting that the defendant had withdrawn his- plea. Previous to the rendition of the judgment, the defendant excepted to the ruling' of the court. The question arising upon the bill of exceptions is, whether interrogatories filed pursuant to the statute, in order toobtain the plaintiff’s testimony without resorting to a…
1Opinion of the CourtCollier, C. J.
It is admitted that the interrogatories had been regularly filed, and were such as the act of 1837 authorized to be exhibited in lieu of a bill of discovery. In such case the statute enacts, if the party to whom interrogatories shall be so propounded, and who shall be so required by the court to answer the same, shall, in sixty days after notice and a copy of such interrogatories served on him, fail to make answer in manner aforesaid, or shall answer the same evasively, the court may attach him and compel him to answer in open court, or it may continue the cause and require more direct and…
2Cited by6 opinions
- Cain Lumber Co. v. Standard Dry Kiln Co.Supreme Court of Alabama · 1895
- Albert Hass Lumber Co. v. GibsonSupreme Court of Alabama · 1911
- Drew v. HayneSupreme Court of Alabama · 1845
- Arce Reices v. American RailroadSupreme Court of Puerto Rico · 1932
- Arce Reices v. American Railroad Co. of Porto RicoSupreme Court of Puerto Rico · 1932
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