Lesne v. Pomphrey
Supreme Court of Alabama
Error to the Comity Court of Mobile County. Action for a breach of covenant by the defendant against the plaintiff in error.
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Error to the Comity Court of Mobile County. Action for a breach of covenant by the defendant against the plaintiff in error. On the trial below, the plaintiff offered to read the deposition of certain witnesses taken in Louisiana, to the reading of which the defendant below objected because there was no affidavit of the materiality of the witnesses ; the affidavit being “that some of the witnesses of the plaintiff reside -out of the State of Alabama.”, Also, because the Clerk of the Court had not directed any or what notice should be given of the taking of the testimony, and that a notice…
1Opinion of the CourtOrmond, J.
The act authorising the deposition of an absent witness to be taken, is to the following effect:
“When a person who may be a witness in any cause, in any of the courts, shall reside out of this Territory, or shall, by reason of age or bodily infirmity, or any other cause, be incapable of attending to give his or her testimony in court, oath thereof being made to any Judge, Justice or Clerk of the Court where such suit is depending, such Judge, Justice tor Clerk, is hereby empowered to issue, &c. Provided, that the party praying such commission, shall give such notice to the adverse party of…
2Cases cited1 opinion
- Parker v. HaggertySupreme Court of Alabama · 1840