Hinton Milling Co. v. Smith Bros.
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County; O. Kyle, Judge. . Assumpsit and trover by the Hinton Milling Company against Smith Bros, and others. The court suppressed a certain deposition, whereupon plaintiff took a nonsuit, with bill of exceptions, and appealed.
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Appeal from Circuit Court, Morgan County; O. Kyle, Judge. . Assumpsit and trover by the Hinton Milling Company against Smith Bros, and others. The court suppressed a certain deposition, whereupon plaintiff took a nonsuit, with bill of exceptions, and appealed. Transferred from Court of Appeals under Acts 1911, p. 450, § 6. Counsel insist that the court- improperly interpreted the meaning of section 4030,. subd. 3, and sections' 4031 and 4032, as amended (section 4031, by Acts 1911, p. 487), but they cite no authorities to support this. Counsel insist that the court properly interpreted the…
1Opinion of the CourtSayre, J.
Appellant, plaintiff below, took the deposition of a witness orally at Enid, Okl. The’ deposition was taken on the ground that the witness resided without the state. On defendant’s motion the trial court suppressed the deposition, whereupon plaintiff took a nonsuit, reserving the question for review in this court.
The amount involved was less than $5,000, nor did the case involve the title to land or specific personal property; Prior to the act of April 18, 1911, amending sections 4031 and 4032 of the Code of Í907 (Acts 1911, p. 487), when a party desired the testimony of a witness under' the…
2Cited by2 opinions
- Ex Parte BrooksSupreme Court of Alabama · 1947
- Ex Parte ThompsonSupreme Court of Alabama · 1947