64 So. 70 | Ala. | 1913
— When a party to a cause announces not ready because of the absence of material witnesses who have been duly served with process and who are absent without the consent of said party, the court may, in its discretion, grant a showing or written statement of what is expected to be proven by the absent witnesses, and, if this showing or statement be admitted by the opposite party, the jury must give to it the same consideration as if the witness had testified in person before the jury. — Woolsey v. Jones, 84 Ala.
The certiorari is awarded, and the judgment of the Couxd of Appeals is reversed, and the cause is remanded to said court.
Certiorari awarded, and reversed and remanded.