Gaines v. Wiggs

Although the defendant, Gaines, excepted to several depositions, he did not except to the opinion of the Court overruling the exceptions, nor did he, in any manner, reserve the question as to the admissibility of the depositions. So far as that question depends upon extraneous facts, such as notice, inability to attend, &c. ■in the absence of the testimony on the subject, the presumption is, of course, in favor of the opinion of the Circuit Court. And although the matter of one of the depositions which, in assailing the character of the witness, J. B. Gaines, details a particular transaction,…