Texas Supreme Court July 1, 1870 (Lobdell's Administrator v. Fowler)

Walker, J.

We are of opinion the court erred in excluding the depositions of Lewis S. Lobdell and John L. Lobdell.

These witnesses were the sons of the original' defendant to this suit, and their depositions were taken during the life time of their father, John L. Lobdell, and at a time when they had no disqualifying interest in the event of the suit.