Long v. Whit
Supreme Court of Alabama
Appeal from Selma City Court., Heard before Hon. J. W. Mabry. Assumpsit by Thomas H. Long against Robert Whit. Judgment for defendant and plaintiff appeals. Transferred from Court of Appeals.
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Appeal from Selma City Court., Heard before Hon. J. W. Mabry. Assumpsit by Thomas H. Long against Robert Whit. Judgment for defendant and plaintiff appeals. Transferred from Court of Appeals. When plaintiff was on the stand he testified that he had a litigation in October, 1909, with Bob Whit about the same crop in the justice court of J. B. Christian, and he was asked if he had not stated there on that occasion on oath that he had never notified Bob Whit that he had raised his rent, and he stated in answer thereto that he did not state on oath that he had not notified Bob Whit that his rent…
1Opinion of the CourtAnderson, C. J.
The plaintiff having testified as to a certain fact and the defendant having shown, for the purpose of impeaching him, that he did not so testify upon the trial before J. B. Christian, the trial court did not err in declining to let the said plaintiff Long prove that at other times he made statements consistent with his testimony in the present trial and inconsistent with that imputed to him upon the trial before Christan. This character of evidence has been repeatedly condemned by the decisions of this court. — Nichols v. Stewart, 20 Ala. 358; Jones v. State, 107 Ala. 96, 18 South. 237;…
2Cases cited6 opinions
- Nichols v. StewartSupreme Court of Alabama · 1852
- Jones v. StateSupreme Court of Alabama · 1894
- McKelton v. StateSupreme Court of Alabama · 1888
- Brooks v. StateSupreme Court of Alabama · 1913
- Adams v. Thornton & WellbornSupreme Court of Alabama · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Harris v. StateCourt of Criminal Appeals of Alabama · 1981
- Wesson v. StateSupreme Court of Alabama · 1939
- Varner v. StateCourt of Criminal Appeals of Alabama · 1986
- Pruitt v. StateSupreme Court of Alabama · 1936
- Green v. StateSupreme Court of Alabama · 1937
9 more not listed; retrieve them via the Exa API.