Kimberlin v. Faris' Administrator

A verdict and judgment having been rendered against David Kimberlin, on the general issue, in an action of assumpsit, instituted against him by the administrator of Nathan Faris, deceased, he now seeks a reversal, on the ground that (as he insists,) the Circuit Court erred in overruling a motion tor a new trial made by him, on his affidavit averring that he had been surprised by the rejection by the Court, of a deposition offered to be read by him on the trial, and which testified that he had delivered to Farris, in Georgia, eighty dollars to be carried to his (Kimberlin’s) wife in this…