Cornelius v. Partain
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. Wm. S. Mudd. This action was brought by Abner Cornelius, against Mrs. Sarah Partain; and was commenced in a justice’s court, on the 9th June, 1862, and was removed by appeal, by the defendant, to the circuit court.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. Wm. S. Mudd. This action was brought by Abner Cornelius, against Mrs. Sarah Partain; and was commenced in a justice’s court, on the 9th June, 1862, and was removed by appeal, by the defendant, to the circuit court. The cause of action, as described in the justice’s summons, was “a claim of damages sustained by destroying plaintiff’s fruit trees, and hauling through his lands, and taking off rails from his land.” The record does not show that any complaint was filed in the circuit court. “When the cause was called for trial,” as…
1Opinion of the CourtA. J. Walker, C. J.
The depositions of two witnesses were rejected as evidence when offered on the trial of the cause. The objection was, that the written notice of the filing of the interrogatories, required by section 2320 of the Code, had not been given. Section 2328 of the Code directs, that “all objections to the admissibility of the entire deposition in evidence, must be made before entering-on the trial, and not after; unless the matter is not disclosed in the deposition, and appears after the commencement of the trial.” The objection went to the entire deposition. It was not within the exception allowed…
2Cases cited3 opinions
- McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
- McGill v. MonetteSupreme Court of Alabama · 1860
- Thompson v. RawlesSupreme Court of Alabama · 1858