Alston v. Graves
Supreme Court of Alabama
WRIT of error to the County Court of Marengo county. Assumpsit by Graves & Hogan against Alston for medicines and medical services.
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WRIT of error to the County Court of Marengo county. Assumpsit by Graves & Hogan against Alston for medicines and medical services. The defendant having failed to answer certain interrogatories propounded to him, under the statute, was defaulted, and the damages being uncertain, were assessed by a jiffy- The caption to the interrogatories is in these words, after stating the title to the suit, &c.: “ Whereas, Peter E. Graves and William L. Hogan, plaintiffs, áte., desire a discovery from the said Alston in said case, to be used as evidence on the trial of the same, do herewith file written…
1Opinion of the Court
GOLDTI1 WAITE, J.
In the cases of Goodwin v. Wood, [January Term, 1843,] and Branch Bank at Montgomery v. Parker, [June Term, 1843,] we held that the proceedings under the act providing more effectually for discoveries in suits at com- . mon law, ]Clay’s Digest, 341, § 160,] was chiefly to be governed by the rules which obtain in courts of equity in relation to bills for discovery; and, in the former case, we considered interrogatories as in the nature of a fishing bill, when neither their subject matter, nor the affidavit of the party, showed the subject of inquiry to be within the knowledge…
2Cited by3 opinions
- Allen v. Lathrop-Hatton Lumber Co.Supreme Court of Alabama · 1890
- Carmichael v. PondSupreme Court of Alabama · 1914
- Hogan v. AlstonSupreme Court of Alabama · 1846