Collins v. Fowler
Supreme Court of Alabama
Ekkor to the Circuit Court of Dallas. Assumpsit by the defendant against the plaintiff in error. On the trial it appeared that the action was brought by the defendant for services rendered to the daughter-in-law of the plaintiff, at her request.
Read the full summary
Ekkor to the Circuit Court of Dallas. Assumpsit by the defendant against the plaintiff in error. On the trial it appeared that the action was brought by the defendant for services rendered to the daughter-in-law of the plaintiff, at her request. The plaintiff offered the deposition of a witness, which proved that he resided in the family of Dr. Fowler, and that a note bearing the signature of the defendant was brought by one of her servants, desiring Dr. Fowler to attend Mrs. Collins, her daughter-in-law, who was sick at her house. That the Doctor was then from home, but on his return the…
1Opinion of the CourtOrmond, J.
We are of opinion that the jury might have inferred, that the letter appended to the deposition was: the one spoken of by the witness. The question, however, is entirely unimportant, as the same fact was proved not only by the ad*649mission of the defendant, but by proof that the note was in her hand-writing.
The certificate of a commissioner authorized to take a deposition, setting forth the time'and place and circumstances under which it is taken, is prima facie evidence of the facts therein stated.
■ The certificate in this case showed that the deposition was not taken on the day the opposite…
2Cited by3 opinions
- Harris v. RussellSupreme Court of Alabama · 1890
- Pullman Co. v. JordanCourt of Appeals for the Fifth Circuit · 1914
- Kirk v. SuttleSupreme Court of Alabama · 1844