Randall v. Collins
Texas Supreme Court
■ Appeal from Houston. Tried below before the Hon. W. D. Wood. "T. W. House & Co. recovered judgment by default, in the District Court of Houston county, February 22, 1861, against W. D. Williams and T. P. Collins, for $428.59, suit being brought on a promissory note executed by Williams to Collins, and indorsed by Collins. Collins was sued as indorser, but the judgment was against the parties jointly.
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■ Appeal from Houston. Tried below before the Hon. W. D. Wood. "T. W. House & Co. recovered judgment by default, in the District Court of Houston county, February 22, 1861, against W. D. Williams and T. P. Collins, for $428.59, suit being brought on a promissory note executed by Williams to Collins, and indorsed by Collins. Collins was sued as indorser, but the judgment was against the parties jointly. The case was taken to the Supreme Court by writ of error, where the judgment was affirmed. • ■ The court-house and records of Houston county were destroyed by fire in February, 1865. On July…
1Opinion of the Court
Bonner, Associate Justice.
The statute (Rev. Stats., art. 2218, note) which permits parties to take the depositions of *442witnesses generally, residing within the county, was wisely intended to save expense and delay in the prosecution of suits. If however, at the trial, the witness should be present in court, and objection on that ground be made to the reading of the deposition, the proper practice would require that the witness be introduced in person.
Although, if not present, the deposition could be read, still his personal examination before the court and jury might be more satisfactory than…
2Cases cited3 opinions
- Johnson v. TimmonsTexas Supreme Court · 1878
- Elliot v. MitchellTexas Supreme Court · 1866
- T. W. House & Co. v. CollinsTexas Supreme Court · 1874
3Cited by10 opinions
- Randall v. CollinsTexas Supreme Court · 1881
- Vance v. UpsonTexas Supreme Court · 1886
- Masterson v. AshcomTexas Supreme Court · 1881
- McClure v. Heirs of SheekTexas Supreme Court · 1887
- Bendy v. W. T. Carter & Bros.Texas Commission of Appeals · 1925
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