Aicardi v. Strang, Murray & Co.
Supreme Court of Alabama
.Appeal from the Circuit Court of Dallas. 'Tried before the Hon. Nat. Cook. This action was brought by the appellees, against Antonio Aicardi and Robert J. Travers, as late partners, to recover the price of certain goods sold and delivered to said Travers. A judgment by default was taken against Travers.
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.Appeal from the Circuit Court of Dallas. 'Tried before the Hon. Nat. Cook. This action was brought by the appellees, against Antonio Aicardi and Robert J. Travers, as late partners, to recover the price of certain goods sold and delivered to said Travers. A judgment by default was taken against Travers. Aicardi pleaded — “1st, the general issue; 2d, that the defendants are not, and never have been partners ; and, 3d, the statute of frauds;” and issue was joined on each of these pleas. Before entering on the trial, as appears from the bill of exceptions, the defendant Aicardi moved to…
1Opinion of the CourtR. W. Walker, J.
In the case o<f depositions taken upon interrogatories, the statute requires the party taking the same to give the adverse party notice of the residence of the witness, and of the name of the commissioner; .and provides that, “ on his failure to give such notice, unless waived by tbe adverse party, the deppsition shall be suppressed.” — Acts 1859-60, p„, 20. The waiver of. the required notice may be implied, a® well as express ; and it may well be inferred from any, affirmative act of the adverse party, amounting to an admission of the right of the party filing the interrogatories to take the…
2Cases cited2 opinions
- McCreary v. TurkSupreme Court of Alabama · 1856
- Scott v. JonesSupreme Court of Alabama · 1843
3Cited by4 opinions
- Birmingham Union Railway Co. v. AlexanderSupreme Court of Alabama · 1890
- Potts v. ColemanSupreme Court of Alabama · 1888
- Gulf City Insurance v. StephensSupreme Court of Alabama · 1874
- Farmer v. FarmerSupreme Court of Alabama · 1888