After the plaintiff had read in evidence to the jury the direct and cross examination of the witness Booker, and, among other things, that portion which said, “ the recovery of his money was all that the defendant (Hudson) seemed desirous of, or expressed any wish
There is another point of view, in which, we think, the error of the ruling in the court below is very manifest. The plaintiff, in reading the entire deposition, put in proof an admission of the defendant. This he had a clear right to do. After proving the defendant’s admission against him, it was not for him/ afterwards to move its exclusion, when possibly, in the shifting phases of the trial, or on more mature reflection, he became convinced the evidence would make against him. Parties cannot thus experiment with testimony, which is, when offered by them, legal.
[2.] The deposition of the witness Smith should not have been suppressed. The motion came too late, and the court did right in overruling it. — McCreary v. Turk, 29 Ala. 244, and authorities cited.
[3.] There is no error in the charge of the court.
The judgment of the Circuit court is reversed, and the cause remanded.