Tennessee Supreme Court, 1812

Brooks v. M'kean

Brooks v. M'kean
Tennessee Supreme Court · Decided July 6, 1812 · By the Court.
3 Tenn. 161
Brooks v. M'kean

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

By the Court.

It must be taken for granted that when the deposition was offered as evidence every objection to the reading of it was waived, except the one mentioned in the bill of exceptions. The objection which was made was to a single point, and upon that point alone the Circuit Court pronounced the opinion which is set forth by the bill of exceptions. The only question, therefore, which this Court have to decide is,' whether, upon that ground the deposition was properly rejected ? We have no hesi *122 tation in saying that the Circuit Court erred in sustaining the objection to the reading of' the deposition.

The judgment of the Circuit Court must therefore be reversed, and a new trial granted.

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