Gross v. Coffey
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. James A. Bilbro. This is an action by Ephraim C. Gross to recover of John R. Coffey money alleged to be due the plaintiff on an agreement to refund usurious interest, charged and collected on a loan made by the defendant to the plaintiff. The original complaint was filed July 8, 1890, containing the common counts.
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Appeal from the Circuit Court of Jackson. Tried before the Hon. James A. Bilbro. This is an action by Ephraim C. Gross to recover of John R. Coffey money alleged to be due the plaintiff on an agreement to refund usurious interest, charged and collected on a loan made by the defendant to the plaintiff. The original complaint was filed July 8, 1890, containing the common counts. An amended complaint ■was filed containing an additional special count setting up that, the plaintiff being indebted to the defendant for money loaned, upon a settlement of sSid indebtedness the defendant claimed and…
1Opinion of the CourtMcCLELLAN, J.
The circuit court erred in receiving in evidence against plaintiff’s objection the depositions of E. C. Gross, taken on behalf of the plaintiff by John H. Vaught :-nd W. C. Glover, which had been suppressed on the motion of the defendant. The sup*475pression of a deposition destroys it for all evidential purposes, and while the paper upon which it is written may. remain in the files of the court and cause, and purport on its face to bear the signature of a party to the cause, so that what is set down therein would be competent as admissions and the like against such party, upon proof of the…
2Cases cited21 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- McBroom v. Scottish Mortgage & Land Investment Co.Supreme Court of the United States · 1894
- Noble v. Moses Bros.Supreme Court of Alabama · 1883
- Paulling v. Creagh's AdministratorsSupreme Court of Alabama · 1875
- Ransom v. HaysSupreme Court of Missouri · 1867
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3Cited by13 opinions
- James W. Partain v. The First National Bank of MontgomeryCourt of Appeals for the First Circuit · 1972
- McCormick v. FallierSupreme Court of Alabama · 1931
- Schlattman v. StoneWyoming Supreme Court · 1973
- Joy v. Liverpool & London & Globe InsuranceCourt of Appeals of Texas · 1903
- Cooledge v. CollumSupreme Court of Alabama · 1924
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