The eastern clarion. [volume] (Paulding, Miss.) 1837-1863, 1861-03-15
EfarHerndon
GrUa Rrvanf
9l7O.

Urge Bryant
ie II question presented IN tins
cal is, lether the Court erred in over
rulg ~tlexceptions filed by the defend
allto tain depo-itions taken on the
"a OF ; pl tintif to rebut the testino-
nyf thlefendant.
apnrs that these exceptions were
FIJI verhortly before the case was called
foitr aland after the counsel Tor the
plntitf "a lust examined the papers on
filbeIotng 10 the Gaze, in order 10 be
pr.arrtbr the trial-that the plaintiffs
coasel re entirely ignorant that the
ex,ptioi had been filed, and proceeded
wit theial, when the case was called,
witrt ~ knowledge of their having
bes alec and that, under these clrcunl-
stasrs, e trial was proceeded With, aud
IL q uoantil the evidence on the part
of L. drndant was closed, and Ia couI
lei r thslaiuuItf was proceeding TO Ohrr
thesI-piion, in rebuttal, that the de-
acknowledgements TO the depOsltIOns
wer brouht TO notice.
lis nAed on the one side, and de-
IA con E other, that The exceptions
y, r6l,da due season &c he entitled u
dueorce But however this may be, the
STATIC retires that the exceptions shall.
on lotioI,i either party, b. determined
by be C,rt sbeforr the commencement
Of ue tri1-R-v. Code sis. Art. 22l.
lie ulhtiff : counsel could not have
brtsght a. matter to the attention OF the
CSut belle the commencement OF the
Iral b,case he was ignorant OF b tx
oeptons hd The counsel Tor the defend
auL allied . make the motion at The
propr tin IL was too late TO do 50 al
ter be Il. had progressed rs It had
-zteialIA the plsintif counsel were
taka o. arprise A. the motion whet
mad. thule established by the statute
clearly - emplates that such exception
aua hkxht TO tie attention Of th'
49,. Htrtermined before the tFia
- ed. IN order that the advers'
1870 be pr-djudiced, and NAL
80 u supply the def-cts by n con
,H,n.aaknd II the party relying On Ili'
-. balls to urge them at that TIM
fairly held 10 have waive
- especially when the adVers'
p.r,y --Ignorant of them
r. al grounds OF error founde'
~ OF the Court on these excep
- therefore u~ntensble.
IN. error assigned : the granting
Of ~ nd instruction IN behalf OF th.
pl,infi4F that = rs re liabiliiy q PFsdi-
.,,fso q particular disease aTislnI
- -, rn. size or ancestry OF ia
-. - the disease Itself, and doe
!. eve OF the Law constitute IN
oan.In. or a breach OF warranty O
sOundns
TIE nd Of defence being that tn
,isve u-ouud Al the time Of sale, III
no. ludrd bv the instl uctIOn
.MiesrIx ect. for there must be posltiv
ii,e4-a be time Of sale in order 20 cor
THU ~ undnezs & thai E@e.
IL her objected hat the fourt
~usrruc,is Tor the plaintiff IL erroneoui
i a lloWs: That the warranty
.ouudpa- In this c1se is general ont
tho he fthe slave may have bee
the time Of sale from IN
Hne~so hich he died or the defect COZ
,isiaeS vet II the oeFsct Wa. a. u
ne. . u and percepiIble As such th'
Tendon 4 zee il, or could have seen
rith ord; ~ vigilance. then Bryant
lot liable . the warranty and The lu'
aust End ? the plaintiff
The d. e under which the slave vi
70 zTe been laboTIng 81 the az
{ sale, VI Internal and secret. o PiP
- TO IL ~t~eTvAtion 2 Ms el-'
fhe- ersiiy Of opsn1pn among u
hv-irial . rrxard to il. l. doe ~
a-reEsr II within the rule iR Feiatf
) piEin pzlpabie deieets which are
0 onnsid As excepted in the sArrAi
= butts hat class Of diseases again
hich 4 haser would most natural
'quirs q unty- This instruction
early n oiiion 70 b rule nrid
aewalger Ford. 81 MIS- .
il rE a.ea 70 mii~ad The Jury
error TO- lch The Judgment mnst
refBd- !.
Tha lgnmenN ePpsy % :