Standard Life & Accident Insurance v. Tinney

Citations

• 73 Miss. 726

Syllabus

<p>1. Evidence. Hearsay. Practice.</p> <p>When, in sustaining a motion to exclude a part of a deposition as hearsay, statements therein were excluded that it is claimed on appeal were made of the knowledge of the witness, which difference in character from the rest of the excluded testimony was not brought to the attention of the lower court at the time, and, after consideration of all the testimony so excluded, it remains doubtful whether the said statements were made of the knowledge of the witness or not, their exclusion cannot be treated as reversible error.</p> <p>2. Same. Deposition of opposite parrty. Code 1892, § 1761.</p> <p>The testimony of a nonresident party to a suit, taken by the adverse party under l 1761, code 1892, which provides for a disposition of the suit in favor of the party seeking the deposition, in case of failure to answer the interrogatories propounded, is a deposition in such sense that it may, on failure to use it hy the party obtaining it, he put in evidence hy the opposite party.</p>