Humes v. O'Bryan & Washington
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the lion. II. C. Speake. This action was brought by O’Bryan & "Washington, partners doing business in the city of Nashville, Tennessee, against L. R. Clover and Milton Humes, as partners doing business under the firm name of Clover & Humes; and Clover having died, the suit was prosecuted to judgment against Humes alone, as surviving partner.
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Appeal from the Circuit Court of Madison. Tried before the lion. II. C. Speake. This action was brought by O’Bryan & "Washington, partners doing business in the city of Nashville, Tennessee, against L. R. Clover and Milton Humes, as partners doing business under the firm name of Clover & Humes; and Clover having died, the suit was prosecuted to judgment against Humes alone, as surviving partner. The action was commenced on the 22d September, 1873, and was founded on an account for goods sold and delivered by plaintiffs, during the year 1872, to said Clover & Humes, amounting to about $750.…
1Opinion of the CourtSomekyille, J.
— 1. The motions severally made by the appellant, in the court below, to suppress the depositions of George W. and Angelo Glover, should each have been sustained, and the court very clearly erred in overruling them. These witnesses were personally present in court at the time of the trial, when their depositions were offered in evidence. The reason, or existing necessity for taking the depositions, having been removed by the personal presence of the deponents, their oral testimony in open court then became the best evidence. It is the settled and incontrovertible rule, in the absence of a…
2Cases cited11 opinions
- McCrary v. SlaughterSupreme Court of Alabama · 1877
- Perry v. GrahamSupreme Court of Alabama · 1851
- Mobile Life Ins. v. WalkerSupreme Court of Alabama · 1877
- Clealand v. HueySupreme Court of Alabama · 1850
- Fail v. McArthurSupreme Court of Alabama · 1857
6 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- Smith v. StateSupreme Court of Alabama · 1916
- McCormick & Richardson v. Joseph & AndersonSupreme Court of Alabama · 1884
- Wilson v. HoltSupreme Court of Alabama · 1887
- Smith v. Moore.Supreme Court of North Carolina · 1906
- Woods v. Montevallo Coal & Transportation Co.Supreme Court of Alabama · 1887
61 more not listed; retrieve them via the Exa API.