Stewart v. Desha, Sheppard & Co.
Supreme Court of Alabama
Writ of Error to the Circuit. Court of Dallas. Assumpsit by the defendants, in error, as indorsers of a bill of exchange, drawn by the plaintiff in error. The declaration contains counts for the non-acceptance, and, non-payment, and alledges notice. The defendant pleaded non-assumpsit, payment, and set, off. Upon the- trial, as, we learn from a. bill of exceptions, the plaintiff proposed- tp read; a deposition taken on the authority of an affidavit,, made before one.
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Writ of Error to the Circuit. Court of Dallas. Assumpsit by the defendants, in error, as indorsers of a bill of exchange, drawn by the plaintiff in error. The declaration contains counts for the non-acceptance, and, non-payment, and alledges notice. The defendant pleaded non-assumpsit, payment, and set, off. Upon the- trial, as, we learn from a. bill of exceptions, the plaintiff proposed- tp read; a deposition taken on the authority of an affidavit,, made before one. Outlaw as deputy clerk-.the name of the- principal clerk no where appearing-, It was proved by the clerk, that .the deputy had…
1Opinion of the CourtOrmond, J.
There is nothing in the objection to the affidavit made to the deputy clerk in order to obtain the order for a deposition. The statute, (Clay’s Dig. 146, § 19,) gives the deputy “ power and authority to transact all business in the absence of the principal, which the principal could do were he present, and performed the same himself,” he is therefore, in the absence of the clerk, substituted for him, and it is certainly proper that when he acts, it should appear it was done before him as deputy. It is not necessary his appointment should be in writing.
This case has previously been before this…
2Cases cited1 opinion
- Desha, Sheppard & Co. v. StewartSupreme Court of Alabama · 1844
3Cited by2 opinions
- Lucas v. BelcherAlabama Court of Appeals · 1925
- Snedicor v. DavisSupreme Court of Alabama · 1850