Jewell v. Center
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKinsTry. Assumpsit on the common money counts, by Center & Co. against J. J. Jewell, to recover reclamations on ninety-three bales of cotton. The only plea was the general issue. On the trial, “ the plaintiff moved for a continuance, for the purpose of enabling him to retake the deposition of P. Gr.
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Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKinsTry. Assumpsit on the common money counts, by Center & Co. against J. J. Jewell, to recover reclamations on ninety-three bales of cotton. The only plea was the general issue. On the trial, “ the plaintiff moved for a continuance, for the purpose of enabling him to retake the deposition of P. Gr. Heirne, who had stated, in his first deposition then on file, that H. 0. Brewer (who was a material witness for plaintiff) “was a partner with plaintiff in the transaction of the shipment of the ninety-three bales of cotton in…
1Opinion of the Court
CHILTON, C. J. —
-1. The court properly admitted Brewer to testify. He swears that he has no interest, and can be neither gainer nor loser by the result of this case; and Fowler, his confidential clerk, sustains him as to an entire absence of any interest. Besides this, he was examined by consent of defendant’s counsel, which consent the court required should be given., or the cause should stand continued, being satisfied that the plaintiff was taken on surprise by the statement inserted in the deposition of Hierne that he was a partner with the plaintiff. It was discretionary with the court…
2Cases cited1 opinion
- Price v. WhiteSupreme Court of Alabama · 1846
3Cited by7 opinions
- Louisville N. R. Co. v. ScottSupreme Court of Alabama · 1935
- Herring, Farrell & Sherman v. SkaggsSupreme Court of Alabama · 1882
- William James Sons Co. v. HutchinsonWest Virginia Supreme Court · 1916
- In re SmithSupreme Court of Minnesota · 1886
- Fountain's Adm'r v. WareSupreme Court of Alabama · 1876
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