6 Rob. 5 | La. | 1843
This appeal is prosecuted by William C. C. C. Martin, and James M. Wells, from a judgment rendered against them as endorsers of a note drawn by Samuel V. Lamothe.
Our attention has been called to a bill of exceptions to the opinion of the District Court, in permitting the reading of the depositions of two witnesses examined under a commission, to prove notice to the endorsers. Of the various grounds taken in the bill of exceptions we will notice only one, which in our opinion is fatal. It is, that the depositions were in the handwriting of the counsel for the plaintiffs, who offered them in evidence. We
It is, therefore, ordered and decreed, that the judgment of the District Court be avoided and reversed, and that ours be for the defendants as in case of nonsuit, with costs in both courts.