Sandford v. Spence
Supreme Court of Alabama
Wkit of Error to the Circuit Court of Mobile county. The defendant in the Court below objected to the reading of the deposition of a witness, because the certificate of the commissioner omitted to state the hours between which the commission was executed.
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Wkit of Error to the Circuit Court of Mobile county. The defendant in the Court below objected to the reading of the deposition of a witness, because the certificate of the commissioner omitted to state the hours between which the commission was executed. The commission directed the witness to be examined at the office of the commissioner, in the town of Huntsville, on the I5th day of October, between the hours of 9 A. M. and 4 P. M. The certificate of the commissioner recited that, pursuant to the annexed commission, he had caused the witness to come before him at his office, in the town of…
1Opinion of the CourtGoldthwaite, J.
It may be conceded that when a deposition is sought to be used in evidence, it is necessary for the party offering it to show a strict compliance with the statutes ; but we think this concession does not authorize so strict a scrutiny as . s asked for in the present case. Here the commissioner is required to examine the witness between the hours of nine and four of a particular day, and his certificate shows *238that, pursuant to the commission, the examination was had on that day. We are at a loss to see how the execution could be pursuant to the authority, unless it was within those hours, and…
2Cited by2 opinions
- Comstock v. Meek & Co.Supreme Court of Alabama · 1845
- De Witt v. Bigelow & Co.Supreme Court of Alabama · 1847