Mississippi Supreme Court, 1903

American Express Co. v. Bradford

American Express Co. v. Bradford
Mississippi Supreme Court · Decided March 15, 1903 · Calhoon
82 Miss. 130

American Express Co. v. Bradford

Opinion of the Court

Calhoon, J.,

delivered the opinion of the court.

We think the motion to suppress the deposition of Dr. Harrison should have been sustained, for insufficiency of the affidavit required by code 1892, § 1747. That one is a physician in large practice, “and that it is likely that the said witness will be unable to attend trial,” etc., does not, in our opinion, bring the instance within the category meant by the words “or other cause” -in clause 1 of that statute.

Reversed and remanded.

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