Taylor v. B. Bank at Huntsville
Supreme Court of Alabama
Error to the Circuit Court of Benton. Before the Hon. G. D. Shortridge. The bank sued out execution against John Chandler, which was levied on a slave named Reuben, as the property of Chandler, to whom the plaintiff in error interposed a claim under the statute, and gave bond to try the right.
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Error to the Circuit Court of Benton. Before the Hon. G. D. Shortridge. The bank sued out execution against John Chandler, which was levied on a slave named Reuben, as the property of Chandler, to whom the plaintiff in error interposed a claim under the statute, and gave bond to try the right. In the progress of the trial, as appears from the bill of exceptions, the plaintiff offered in evidence the deposition. of' one Lacey, which was objected to upon the ground, that.the commissioner was the general attorney of the bank, and had been the attorney of the bank in obtaining the judgment on…
1Opinion of the CourtCollier, C. J.
A deposition should not be rejected, because the questions and answers were written by the attorney for the party who offers it as evidence. Wynn and wife v. Williams, Minor’s Rep. 136. But if a deposition be written by the party at whose instance it was taken, it cannot be read in evidence, unless the opposite party was present consenting thereto. Steele v. Dart & Co. 6 Ala. Rep. 798. It has been held that a motion to suppress a deposition which has been taken pursuant to statute, is addressed to the sound discretion of the court, and should never be allowed when sprung at the trial, as its…
2Cases cited7 opinions
- Leggett v. BoydNew York Supreme Court · 1829
- Spence v. MitchellSupreme Court of Alabama · 1846
- Cullum v. SmithSupreme Court of Alabama · 1844
- Tompkins v. CurtisNew York Supreme Court · 1824
- Carter v. ManningsSupreme Court of Alabama · 1845
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3Cited by3 opinions
- Ex parte Haralson & Co.Supreme Court of Alabama · 1883
- Webb v. KellySupreme Court of Alabama · 1861
- Hester v. StateAlabama Court of Appeals · 1916