Clark v. Wyatt

The appellee, who was the plaintiff, sued William Olark upon a promissory note for the payment of $300. The note bears date, December 11, 1838, and was payable in the year 1842. Defendant answered by a general denial. To which he appended an affidavit, alleging that so much of his answer as denied the execution of the note, is true, &c. Yerdict for the plaintiff. New-trial refused, and judgment, &c.

The defendant, at the proper time, moved to suppress the. *272deposition of Elijah Vance, taken by the plaintiff to be read in evidence in the cause, but the Court refused the motion, and he excepted..…