Long v. Seigel
Supreme Court of Alabama
Appeal from Perry Circuit Court. Heard before Hou. B. M. Miller. Action by Jerome Seigel against Thomas H. Long for damages for assault and battery. Judgment for plaintiff and defendant appeals.
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Appeal from Perry Circuit Court. Heard before Hou. B. M. Miller. Action by Jerome Seigel against Thomas H. Long for damages for assault and battery. Judgment for plaintiff and defendant appeals. The bill of exceptions does not violate the rule in such a sense as to authorize the bill to be stricken'. — N. A. Go. v. Brakefiolcl, 123 Ala- 605; Gainor v. L. é N., 136 Ala. 244. The court erred in permitting the appearance of Mr. Long to be introduced in evidence. — 3 Brick. 436. The court also erred in permitting the witness to answer the question “what was the tone of his voice?”— Authorities…
1Opinion of the CourtSimpson, J.
This is an action by appellee for damages for assault and battery; this being the second appeal. When the case was here before, the substance of the evidence was stated in the opinion of this court, and it was held that, according to the defendant’s own testimony, the plaintiff was entitled to recover at least nominal damages.—Seigel v. Long, 169 Ala. 79, 53 South. 753, 33 L. R. A. (N. S) 1070.
There was no error in overruling the objections to the question to the witness Seigel, “What was the appearance of Mr. Long?” and the motion to exclude the answer, “Very angry.” It has long been the…
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