Irby v. Wilde
Supreme Court of Alabama
Damages for Assault and Battery. Appeal from Barbour Circuit Court. Heard before Hon. A. A. Evans. Action by George H. Wilde against L. E. Irby for damages for assault and battery. From a judgment for plaintiff, defendant appeals. The testimony objected to, and made the basis of the first assignment of error, ivas that of E. L. Davis, who was permitted to testify as to statements by the defendant as to what he did to the plaintiff on the day of the difficulty.
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Damages for Assault and Battery. Appeal from Barbour Circuit Court. Heard before Hon. A. A. Evans. Action by George H. Wilde against L. E. Irby for damages for assault and battery. From a judgment for plaintiff, defendant appeals. The testimony objected to, and made the basis of the first assignment of error, ivas that of E. L. Davis, who was permitted to testify as to statements by the defendant as to what he did to the plaintiff on the day of the difficulty. The court erred in admitting testimony as to statements made by defendant several days subsequent to the difficulty. — Breitan-bath v.…
1Opinion of the CourtTyson, C. J.
Two exceptions were reserved upon the trial to the rulings of the court upon the admission and exclusion of evidence, and constitute the only masters of error insisted on. The first of these excepaions is based upon the action of the court in admitting a certain declaration of the defendant to a third person with respect to his conduct on the occasion of the difficulty out of which arose the cause of action sued upon. This statement was clearly admissible as a declaration by a partjr against his interest, and, furthermore, as indicative of his animus towards the plaintiff on the occasion of…
2Cases cited1 opinion
- Phillips v. KellySupreme Court of Alabama · 1857
3Cited by3 opinions
- Alabama Power Co. v. GoodwinSupreme Court of Alabama · 1923
- Ritter v. GriswoldAlabama Court of Appeals · 1911
- Ritter v. GriswoldAlabama Court of Appeals · 1911