Cameron v. Clarke, Smith & Co.
Supreme Court of Alabama
Error to the Circuit Court of Pickens. Assumpsit by the defendant, against the plaintiff in error. The declaration alledges, that the testator of defendant, was indebted to the plaintiff, in his lifetime, in the sum of $832, for money had and received before that time by him, for the plaintiff’s use, and being so indebted, undertook, and promised, &c., and concluding with'the common breach, without alledging any promise by the executor.
Read the full summary
Error to the Circuit Court of Pickens. Assumpsit by the defendant, against the plaintiff in error. The declaration alledges, that the testator of defendant, was indebted to the plaintiff, in his lifetime, in the sum of $832, for money had and received before that time by him, for the plaintiff’s use, and being so indebted, undertook, and promised, &c., and concluding with'the common breach, without alledging any promise by the executor. The defendant pleaded — 1. Non-assumpsit. 2. The statute of non-claim; and 3, That since the commencement of the suit, to wit, on the 2d Monday of April,…
1Opinion of the CourtOrmond, J.
The affidavit of the defendant, made to obtain a suppression of the deposition, was insufficient, as it did not disclose that any injury was sustained by his being deprived of the power to cross-examine. It should have set forth, that if an opportunity for cross-examination had been afforded, he could have proved certain facts material to him, which had been omitted, otherwise there is no motive whatever for retaking the deposition. But independent of these considerations, we think the plaintiff had the right to take the deposition at any time, between the two points of time designated. If…
2Cases cited2 opinions
- Stewart v. ConnerSupreme Court of Alabama · 1846
- McKenzie v. JacksonSupreme Court of Alabama · 1842
3Cited by9 opinions
- Gunter v. LeckeySupreme Court of Alabama · 1857
- Mason v. HallSupreme Court of Alabama · 1857
- Armour Company v. LambdinSupreme Court of Florida · 1944
- Reed's Adm'r v. MinellSupreme Court of Alabama · 1857
- Billingslea v. WareSupreme Court of Alabama · 1858
4 more not listed; retrieve them via the Exa API.