Milton v. Rowland
Supreme Court of Alabama
Error to the County Court of Benton. Assumpsit by Milton, payee of a promissory note, against Rowland, its maker. At the trial term, and previous to the call of the cause, the defendant made affidavit that one Mrs. Stoner, residing in the town of Jacksonville, was a material witness for him at the trial.
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Error to the County Court of Benton. Assumpsit by Milton, payee of a promissory note, against Rowland, its maker. At the trial term, and previous to the call of the cause, the defendant made affidavit that one Mrs. Stoner, residing in the town of Jacksonville, was a material witness for him at the trial. On the same day of making the affidavit, the defendant gave a written notice to the plain tiff, that he should proceed, at 12 A. M. of next day, to take the testimony of this witness, at the house of Michael Stoner, in the town of Jacksonville, before certain named commissioners, or either of…
1Opinion of the CourtGoldthwaite, J.
1. The only material question growing out of the circumstances attendant upon this deposition is, as to the authority of the court to make the order under which it was taken. If, as it is fair here to assume, the defendant had ascertained the deposition in the first instance, was irregularly taken, there is no reason why he should wait until the objection was sprung by his adversary. All that a liberal practice should require, or a strict one demand, is, that the opposite party should not be put to expense, and trouble, of a new examination, if willing to abide by the first. Having refused to…
2Cases cited4 opinions
- Barnett v. StantonSupreme Court of Alabama · 1841
- Carson v. Bank of AlabamaSupreme Court of Alabama · 1842
- Hogan v. ThoringtonSupreme Court of Alabama · 1839
- M'Ewen v. MorganSupreme Court of Alabama · 1827
3Cited by35 opinions
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Donnell v. JonesSupreme Court of Alabama · 1848
- Grupe v. GlickCalifornia Supreme Court · 1945
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- Wilkinson v. MoseleySupreme Court of Alabama · 1857
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