Bomar v. Rosser
Supreme Court of Alabama
Appeal from t-lie Circuit Court of Cherokee.’ Tried before the Hon. J. A. Bilbro. This action was instituted by appellee against appellant upon certain promissory notes ,executed by the latter to the former. The defendant pleaded several set offs, and, among others, a note executed by the plaintiff to one. Harlan, and purchased by and transferred to the defendant before suit.
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Appeal from t-lie Circuit Court of Cherokee.’ Tried before the Hon. J. A. Bilbro. This action was instituted by appellee against appellant upon certain promissory notes ,executed by the latter to the former. The defendant pleaded several set offs, and, among others, a note executed by the plaintiff to one. Harlan, and purchased by and transferred to the defendant before suit. Plaintiff replied to the plea of set-off of said note, that it had been procured by false representations in that the consideration was the purchase of- a tenth interest in a certain patent, and it was represented that…
1Opinion of the CourtTyson, J.
Notwithstanding the special replications to the defendant’s plea of set-off were eliminated by demurrer, it appears that evidence was introduced without objection which was only relevant to the issue tendered by them and that the case was tried upon that irrelevant evidence. “Parties may try their controversies on illegal evidence, if they choose to do so.” — Moore v. Crowder, 72 Ala. 79; Osborn v. The State, 125 Ala. 106. The failure to object to the admission of this evidence or to move its exclusion was a waiver of all objection to its legality. — Thompson v. Odum, 31 Ala. 108; Masterson…
2Cases cited10 opinions
- Moon's Adm'r v. CrowderSupreme Court of Alabama · 1882
- Thomason v. OdumSupreme Court of Alabama · 1857
- Young v. Arntze & Bros.Supreme Court of Alabama · 1888
- Mead v. StegerSupreme Court of Alabama · 1837
- Day v. ThompsonSupreme Court of Alabama · 1880
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Russell v. Industrial Transp. Co.Texas Supreme Court · 1924
- Shepherd v. KendrickSupreme Court of Alabama · 1938
- Forbes v. Fort Lauderdale Mercantile Co.Supreme Court of Florida · 1922
- Standard Oil Co. v. MyersSupreme Court of Alabama · 1936
- Baker v. Lehman, Weil & Co.Supreme Court of Alabama · 1914
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