Thomas v. Black

Replevin of Property Seized under Execution—Fraudulent Sale — Irrelevant Evidence to Inflame Jury. —In an action for the recovery of personal property seized under execution, where the defense rests upon an alleged fraudulent sale from the judgment creditor to the plaintiff, evidence not bearing on the question of whether the alleged sale was valid, and which is designed to prejudice the plaintiff’s case by inflaming the minds of the jury against his asserted grantor, is inadmissible, and its admission is ground for a new trial.

Id. — Seizure of Property under Judgment of Divorce — Evidence of Cruelty. — Where the property in dispute in such action was seized as the property of the husband, under a money judgment rendered in favor of the wife in a suit for divorce, it is incompetent to prove that the husband had transmitted to his wife a loathsome disease and committed other acts of cruelty against her during the marriage.

Id. — Fraudulent Sale — Answer — Averments of Fraud and Insufficiency of Property — Objection upon Appeal for First Time. — An objection cannot be taken upon appeal for the first time that the answer in such action does not contain a sufficient statement of the facts which constitute the alleged fraud, and the hindering of the creditor in the sale to plaintiff, and that it does not state that the property in question was the only property out of which the execution might have been satisfied, it both parties introduced evidence in the court below, without objection, on the issue of fraud, and as to the point whether the judgment debtor had other property.

Id.—Evidence — Declarations of Vendor after'Sale.— The declarations of a vendor made after the sale are not admissible in evidence as against the vendee to impeach the sale.

Depositions — Condition of Continuance. — There may he a valid condition to the granting of a continuance that the testimony of witnesses in attendence shall be taken at the time by and before the court, in ths form of depositions; but such depositions must be taken, subscribed, and certified in the manner prescribed by the code, else they cannot be used upon the subsequent trial of the cause.

Id. — Evidence Taken by Short-hand Reporter. — The notes of testimony of such witnesses taken down by the short-hand reporter in the presence of the court, at the time of the granting of the continuance, but not read over to the witnesses, or corrected or signed by them, nor certified by the reporter or by any other person, are lacking in the essential ele.tnents of a deposition, and the uncertified transcript of such notes is not admissible upon the trial.