Ragan v. Cargill
Court of Appeals of Mississippi
On appeal from the probate court of Hinds county; Hon. A. R. Johnston, probate judge. On the 29th of July, 1845, Micajah Cargill and others filed their petition in the probate court of Hinds county for distribution. In said petition they made a “ statement of their connection in blood with ” the intestate, who, they allege, “ left the following relations, who are the petitioners,” &c., namely, “ a brother,” “ a sister,” &c.
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On appeal from the probate court of Hinds county; Hon. A. R. Johnston, probate judge. On the 29th of July, 1845, Micajah Cargill and others filed their petition in the probate court of Hinds county for distribution. In said petition they made a “ statement of their connection in blood with ” the intestate, who, they allege, “ left the following relations, who are the petitioners,” &c., namely, “ a brother,” “ a sister,” &c. On the same day, July 29th, 1845, a summons was issued and served on the defendants, requiring them to appear at the August term, 1845, and answer said petition. At the…
1Opinion of the CourtJustice Yerger
This case was submitted upon a re-argument. Its importance demanded from us a very careful consideration; and in our investigations we have been greatly assisted by the able and elaborate written, as well as oral arguments, of counsel. The error which is principally relied upon as cause of reversal^ consists in the admission of the deposition of Thomas Cargill, a witness in behalf of the petitioners.
The appellants contend, that this deposition should have been excluded for several reasons : 1st. Because it was taken before the answer of defendants was filed to the petition. 2d. Because it was…
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