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12 Ala. 468

Park v. Bancroft

Supreme Court of Alabama

Decided June 15, 1847

Supreme Court of Alabama · decided 1847-06-15

At the trial of this cause, the plaintiff, Park, offered to read the deposition of a witness taken under a commission directed to James W. Wilson, and two other persons, directing themi or either of them, to examine the witness on interrogatories annexed to the commission. The same to be returned annexed to the commission, sealed up under their, or either of their seals.

Decided 1847-06-15

GOLDTHWAITE, J.

¶1In Glover v. Millings, 2 S. & P. 28, a deposition was held to be admissible, although received by mail, and without any superscription by the commissioners on the envelope, other than what was to be inferred from the direction to the clerk, and the post-office marks. It is obvious that the writing of a name across a seal, is no guard against imposition, unless we presume that the person who violates the seal, is not bold enough to counterfeit the name which previously was, or might have been there. If the package containing the deposition comes sealed to the custody of the clerk, by the ordinary course of mail, this is all which the common practice requires, and in our judgment is sufficient prima facie, to warrant publication.

¶2Non-suit set aside, and cause remanded.

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