Standard Talking Machine Co. v. D. O. Matthews Supply Co.
Alabama Court of Appeals
Appeal from Colbert Circuit Court. ■Heard before Hon. C. P. Almon. Action by the Standard Talking Machine Company against D. O. Matthews Supply Company and others. From a judgment for defendants, plaintiff appeals.
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Appeal from Colbert Circuit Court. ■Heard before Hon. C. P. Almon. Action by the Standard Talking Machine Company against D. O. Matthews Supply Company and others. From a judgment for defendants, plaintiff appeals. The bill of exceptions shows as follows relative to the answer of McCone to the fifth cross-interrogatory: “And plaintiff read to the jury the following part of the answer to cross-interrogatory No. 5, to Edward J. McCone, by the defendant, to-Avit, The very first knowledge we had that any payment whatever Avas made to J. Font Smith by the D. O. Matthews Supply Company Avas when we…
1Opinion of the CourtPelham, J.
The action is on account, the pleas payment and the general issue. The appellant, plaintiff below, makes the point in the first assignment of error that the court erred in sustaining the defendant’s objection to part of the answer of the witness McCone to cross-interrogatory No. 5, and in excluding on defendant’s motion this part of the answer of the witness from the jury. Without making objections to the deposition or interrogatories propounded to the witness McCone, the defendant filed cross-interrogatories to the witness. On the trial of the case the plaintiff offered the deposition of…
2Cases cited16 opinions
- Walker v. Walker'sSupreme Court of Alabama · 1859
- Grey v. Mobile Trade Co.Supreme Court of Alabama · 1876
- McCreary v. TurkSupreme Court of Alabama · 1856
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1890
- Cheek v. StateSupreme Court of Alabama · 1862
11 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
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- Young v. StateAlabama Court of Appeals · 1913