48 Miss. 246 | Miss. | 1873
This is an action to recover $1,251.95, deposited in 1861 by W. C. Wesson, since deceased, with D. C. Williams, since decased. The suit is pending by and against the respective administrators of the deceased parties. On the trial, the plaintiff offered in evidence the deposition of Cornelia Williams, widow of said D. C. Williams, deceased, to the reading of which objection was made on several grounds, and the deposition was rejected. There was a . jury, and verdict for defendant, and a motion for a new trial, which was overruled. Hence the case comes to this court for review.
It seems that, in 1862, W. C. Wesson, in his lifetime, filed a bill in the chancery court of De Soto county, against William H. Johnston, administrator of the estate of D. C. Williams, deceased, to perpetuate the testi