Davis v. Tarbutton

OPINION OF THE COURT

WATSON, J.

Plaintiff recovered judgment for the price of 6 bales of cotton, plus interest and costs, and defendants have appealed.

The cause was tried to the court. Plaintiff’s testimony was given by “oral examination out of court.” 1929 Comp. ch. 45, art. 4. Its reception in evidence was objected to on the ground of failure to serve written notice “upon the opposite party” of intention to apply for an order to take the testimony. 1929 Comp. § 45-402. The objection was overruled, the order having been issued upon waiver of such notice by the attorney of record for the…