Babcock v. Huntington
Supreme Court of Alabama
Error to Dallas Circuit Court. Trover by the defendant, against the plaintiff, for the conversion of a slave. Upon the trial, as appears from a bill of exceptions, the plaintiff produced and offered to publish, a packet, containing a deposition received by the clerk, through the post office at Cahawba.
Read the full summary
Error to Dallas Circuit Court. Trover by the defendant, against the plaintiff, for the conversion of a slave. Upon the trial, as appears from a bill of exceptions, the plaintiff produced and offered to publish, a packet, containing a deposition received by the clerk, through the post office at Cahawba. Upon the envelope was an indorsement, purporting to be made by the post master' at Richmond, Fort Bend county, Texas, to the effect that the package was deposited in the post office at that place, by one of the commissioners. It was post-marked, “Richmond, Fort Bend county, Texas,” and…
1Opinion of the CourtOrmond, J.
Our statutes authorize the taking of depositions as a mode of adducing testimony, but there is no statute, or rule of court prescribing the mode of transportation, when the deposition is taken at a distant place. As it would be exceedingly inconvenient, and expensive, to send a special messenger, the mail has been adopted as a proper mode off conveyance, and when the package bears the post mark of the U. S. mail, and no marks of violence appear on the envelope, our practice has been to consider it as prima facie ev*872idence, thatlt was in the condition in which it came from the hanps of the…
2Cases cited3 opinions
- Bliss v. WinstonSupreme Court of Alabama · 1840
- Innerarity v. Heirs of MimsSupreme Court of Alabama · 1840
- Garey v. FrostSupreme Court of Alabama · 1843
3Cited by4 opinions
- Brewer v. WatsonSupreme Court of Alabama · 1882
- Brotherhood of Railroad Trainmen v. JenningsSupreme Court of Alabama · 1936
- Hooper v. EdwardsSupreme Court of Alabama · 1854
- Hooper v. EdwardsSupreme Court of Alabama · 1852