Fox v. Jones
West Virginia Supreme Court
William Jones and Mary Jones, Ms wife, exhibited a bill in chancery in the circuit court of Kanawha county, at the May rules, 1864, alleging that the female complainant was formerly the wife of James WiUdnson; that WiUdnson during his lifetime had been part owner of the Kanawha Mewring Mill, situated in Charleston; that in the year 1859 he had sold out his interest to William J. Hand, another part owner, who had immediately re-sold to one Solomon Minsher and took his…
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William Jones and Mary Jones, Ms wife, exhibited a bill in chancery in the circuit court of Kanawha county, at the May rules, 1864, alleging that the female complainant was formerly the wife of James WiUdnson; that WiUdnson during his lifetime had been part owner of the Kanawha Mewring Mill, situated in Charleston; that in the year 1859 he had sold out his interest to William J. Hand, another part owner, who had immediately re-sold to one Solomon Minsher and took his obligations for the purchase money; which obligations Rand endorsed and delivered to WiUdnson for the purchase money owing to…
1Opinion of the Court
Harrison, N. J.,
delivered the opinion of the court.
1. The court is of opinion that the exceptions to the depositions of Mary Fox and Mary Slack, because they were retaken without special permission from the court, is not *217well taken. Although., as a general principle or rule of practice, a deposition once taken in a cause cannot; be retaken without a special order of the court to that effect, yet the fact that the depositions as first taken in this case were then excepted to, constitutes an exception to the rule and fully authorized the second taking. A party who has taken a deposition which…
2Cited by6 opinions
- Robinson v. WoodfordWest Virginia Supreme Court · 1892
- McKell v. Collins Colliery Co.West Virginia Supreme Court · 1899
- Riggan's Admr. v. RigganSupreme Court of Virginia · 1896
- Good v. GoodWest Virginia Supreme Court · 1894
- Field v. BrownSupreme Court of Virginia · 1873
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