Marston v. Forward
Supreme Court of Alabama
Wiiit of Error to the County Court of Clarke county. Assumpsit on a promissory note, dated 15th April, 1836, payable twelve months after date, to the order of Darwin Gibson, negotiable and payable at the Bank of Mobile. The note is signed by Forward, and endorsed in blank by Gibson. The suit is by Marston as indorsee.
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Wiiit of Error to the County Court of Clarke county. Assumpsit on a promissory note, dated 15th April, 1836, payable twelve months after date, to the order of Darwin Gibson, negotiable and payable at the Bank of Mobile. The note is signed by Forward, and endorsed in blank by Gibson. The suit is by Marston as indorsee. At the trial, under the pleas of the general issue, and failure of consideration, the defendant offered to read the depositions of certain witnesses, taken under the act authorizing depositions to be taken when the witnesses reside more than one hundred miles from the place of…
1Opinion of the CourtGoldthwaite, J.
1. The act of 1837, [Meek’s Sup. 365, § 4,] which authorises the depositions of witnesses to be taken when they reside more than one hundred miles distant from the place wher.e the court is held in which the cause is pending, must be considered as computing the distance by the usual and ordinary land route. We understand the contest in the court below was, whether the distance was to be computed by the river, that being the most usual, or by the land route, sometimes, but not usually travelled. The object of the statute was to relieve witnesses from the inconvenience of travelling more than…
2Cases cited1 opinion
- Vallett v. ParkerNew York Supreme Court · 1831
3Cited by5 opinions
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