Pinson v. Gilbert
Supreme Court of Alabama
APPEAL from Circuit Court of Sumter. ■ Tried before Hon. Geoiige H. Cbaig. The appellees, Thomas and Eli Gilbert, sons of William Gilbert, deceased, brought this action against his administrator, to recover a sum of money had and received by said William for the use of plaintiff in the year 1847. The material facts of the case may be thus stated: In the year 1843, Nancy Ann Speight, formerly Amason, then a widow, married said William Gilbert, and they lived together as…
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APPEAL from Circuit Court of Sumter. ■ Tried before Hon. Geoiige H. Cbaig. The appellees, Thomas and Eli Gilbert, sons of William Gilbert, deceased, brought this action against his administrator, to recover a sum of money had and received by said William for the use of plaintiff in the year 1847. The material facts of the case may be thus stated: In the year 1843, Nancy Ann Speight, formerly Amason, then a widow, married said William Gilbert, and they lived together as husband and wife until November 14, 1845, when they separated. At this time Thomas had been born, and his mother was pregnant…
1Opinion of the CourtStone, J.
When the trial of this case was entered upon, “the defendant moved the court to suppress the deposition of Henry McDaniel, on the ground that said witness-was alive, and lived within ten miles of the court-house, and that the cause for which it was taken does not exist, and that the defendant wishes to examine him orally on the stand. The court overruled the objection, and permitted said deposition to be read in evidence, and defendant excepted.”
After the deposition was read, “ defendant moved to exclude the testimony, on the ground that the witness was alive and in the jurisdiction of the…
2Cases cited3 opinions
- Vincent v. RogersSupreme Court of Alabama · 1857
- Kavanaugh v. ThompsonSupreme Court of Alabama · 1849
- Rupert & Cassity v. Elston'sSupreme Court of Alabama · 1859
3Cited by2 opinions
- Sears v. AbramsOregon Supreme Court · 1883
- Blaylock v. PillsburySupreme Court of Alabama · 1959