Kyle v. Bostick
Supreme Court of Alabama
Writ of Error from the County Court of Pickens. Assumpsit by the plaintiffs in error, against the defendants, oil a promissory note for $>623, due the 25th December, 1836, executed by them jointly with one Childs. The defendants pleaded non assumpsit, and that they are the mere securities of Childs, and Were released by time being given to him, by the creditor, without their consent.
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Writ of Error from the County Court of Pickens. Assumpsit by the plaintiffs in error, against the defendants, oil a promissory note for $>623, due the 25th December, 1836, executed by them jointly with one Childs. The defendants pleaded non assumpsit, and that they are the mere securities of Childs, and Were released by time being given to him, by the creditor, without their consent. Upon the trial, as appears from a bill of exceptions, the defendants introduced the deposition of Childs, who proved, that he had been released from the payment .of all his debts, since the execution of the note,…
1Opinion of the CourtObmond, J.
The objection to the deposition of Childs, because the interrogatories were leading, could not be made’ at the trial of the cause. There is no difference in this respect, between evidence taken by deposition, and the oral examination of the witness in court. In either case, the objection must be made when the question is propounded to the witness, or it will be considered as waived. [Towns & O’Brien v. Alford & Butler, 2 Ala. 378.]
The objection to the release is alike ineffectual. It was proved to have been in fact made, before the witness was examined, and from his deposition, that he knew…
2Cases cited1 opinion
- Towns v. AlfordSupreme Court of Alabama · 1841
3Cited by15 opinions
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- Roberts v. StewartMississippi Supreme Court · 1856
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