Legal Opinion

Scheidegger v. Terrell

Supreme Court of Alabama

Decided December 20, 1906PublishedCited by 8 opinions

Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Ejectment by Rudolph Scheideger and others against Joshua D. Terrell. From a judgment of nonsuit, plaintiffs appeal. Frederick Sheidegger, in answer to interrogatory propounded to him in this cause, among other statements, said: “I live in Berne, Switzerland. I speak German. I did not know Magdalena Kronenberg, who formerly lived in Mobile, Ala., personally; but my mother did.”

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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Ejectment by Rudolph Scheideger and others against Joshua D. Terrell. From a judgment of nonsuit, plaintiffs appeal. Frederick Sheidegger, in answer to interrogatory propounded to him in this cause, among other statements, said: “I live in Berne, Switzerland. I speak German. I did not know Magdalena Kronenberg, who formerly lived in Mobile, Ala., personally; but my mother did.” The following parts of his interrogatories were stricken on motion of the defendant: “My mother used to speak of her to us children, and frequently…

1Opinion of the Court

SIMPSON, J. —

This is an action of ejectment (under the statute) for the recovery of certain real estate, the plaintiffs claiming as the heirs of one Madeline Kronenberg, wife of Edward Kronenberg. The point of contention is whether or not said Madeline Kronenberg is identified as the same person as Madeline Bitter, who left Switzerland years ago and came to the United States. The court below excluded certain parts of certain depositions, a nonsuit Avas taken, and this appeal thereon.

The contention of the appellant is that those parts of the depositions AAdiich Avere suppressed should have…

2Cases cited6 opinions

  1. Stein v. BowmanSupreme Court of the United States · 1839
  2. Chapman v. ChapmanSupreme Court of Connecticut · 1817
  3. Wise v. WynnMississippi Supreme Court · 1882
  4. Young v. StateOregon Supreme Court · 1900
  5. Rogers v. Debardeleben Coal & Iron Co.Supreme Court of Alabama · 1892

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Palmer v. StateSupreme Court of Alabama · 1909
  2. Duncan v. WatsonSupreme Court of Alabama · 1916
  3. Perolio v. Doe ex dem. Woodward Iron Co.Supreme Court of Alabama · 1916
  4. Shea v. HydeSupreme Court of Connecticut · 1928
  5. Martin v. MartinSupreme Court of Alabama · 1937

3 more not listed; retrieve them via the Exa API.

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