Kottwitz v. Bagby
Texas Supreme Court
Error from Lamar. Tried before the Hon. William S. Todd. Suit by defendant in error against plaintiff in error, to recover one hundred dollars, paid to the former by the latter, in what purported to be Louisiana State Bank bills, but which were alleged to be counterfeit and worthless.
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Error from Lamar. Tried before the Hon. William S. Todd. Suit by defendant in error against plaintiff in error, to recover one hundred dollars, paid to the former by the latter, in what purported to be Louisiana State Bank bills, but which were alleged to be counterfeit and worthless. Answer of general denial, and special plea that the bills were genuine, and the bills of a good and solvent bank, and were paid out by defendant and accepted by plaintiff in the usual course of trade. The testimony showed that the defendant purchased of plaintiff a draft on New Orleans for fifteen hundred…
1Opinion of the CourtWheeler, J.
There was no error in overruling the objection taken to the deposition. Objections to depositions are either to. the form and manner of taking them, or to the matter of the depositions. The present evidently was an objection of the former kind ; and was rightly overruled, because not taken in the time and manner prescribed by the statute.— (Hart. Dig. Art. 783.) But if it had been taken in time, the objection was not tenable. The interrogatories and notice served upon the defendant sufficiently apprised him, that the depositions were intended to be used upon the trial of a suit then…
2Cited by14 opinions
- Matlock v. GloverTexas Supreme Court · 1885
- Wood v. StateCourt of Criminal Appeals of Oklahoma · 1910
- International & Great Northern Railway Co. v. DyerTexas Supreme Court · 1890
- Texas Co. v. AndradeCourt of Appeals of Texas · 1932
- Hicks v. Galveston, Harrisburg & San Antonio Railway Co.Texas Supreme Court · 1903
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