Stetson v. Lyons
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. Nat.,Cook. Tins action was brought by N. S. Stetson, against Sophia Lyons, to recover a balance of $5496, due by account on the 1st January, 1857 ; and was commenced by attachment. The defendant pleaded the general issue, payment, and the statutes of limitations of three and six years.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. Nat.,Cook. Tins action was brought by N. S. Stetson, against Sophia Lyons, to recover a balance of $5496, due by account on the 1st January, 1857 ; and was commenced by attachment. The defendant pleaded the general issue, payment, and the statutes of limitations of three and six years. The plaintiff joined issue on the first and second pleas, and replied specially to the others; averring, that the account concerned the trade of merchandize between merchant and merchant, and that the defendant was nonresident ; and issue was joined…
1Opinion of the CourtStone, J.
[1.] No specific objection to the certificate of the commissioner, who certified the deposition of the witness Caro, has been pointed out to us. We think the certificate sufficient, and hold that the circuit court rightly overruled the motion to suppress. — King v. King, 28 Ala. 315; Thrasher v. Ingram, 32 Ala. 645.
[2.] The rule invoked by appellant, in its largest application, goes only to this extent: When a paper is produced under notice, and is examined by the party who called for its production, this examination constitutes the paper evidence for the party producing it, if he elect to…
2Cases cited2 opinions
- Thrasher v. IngramSupreme Court of Alabama · 1858
- King v. KingSupreme Court of Alabama · 1856
3Cited by2 opinions
- Gulf City Insurance v. StephensSupreme Court of Alabama · 1874
- Woodstock Iron Co. v. ReedSupreme Court of Alabama · 1886