Reese v. Barker
Supreme Court of Alabama
Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Poster. The bill in this case was filed on the 26th December, 1884, by J. N. Barker and wife, against W. S. Eeese and wife; and sought to subject certain lands, held by Mrs. Eeese as an equitable separate estate, to the payment of a promissory note for $3,240, which was signed “Af. L. Reese, bj W. 8. Reese, trustee.”
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Appeal from the Chancery Court of Montgomery. Heard before the Hon. John A. Poster. The bill in this case was filed on the 26th December, 1884, by J. N. Barker and wife, against W. S. Eeese and wife; and sought to subject certain lands, held by Mrs. Eeese as an equitable separate estate, to the payment of a promissory note for $3,240, which was signed “Af. L. Reese, bj W. 8. Reese, trustee.” The chancellor rendered a decree in favor of the complainants, and it is now assigned as error by Mrs. Eeese.
1Opinion of the CourtClopton, J.
Eule 77 of Chancery Practice prescribes the mode and order in which the testimony shall be offered on the hearing of a cause, as follows: The complainant must “offer his testimony in chief, naming the witnesses and other testimony, of which the register must take a note; and then that of the defendant must be offered, and noted by the register; to which the complainant, in like manner, must offer his rebutting testimony.” The rule then declares; *?“Any testimony not offered in tbis way, and noted by tbe register on tbe minutes, must not be considered as a part of tbe record, nor be considered…
2Cases cited1 opinion
- Winter v. City Council of MontgomerySupreme Court of Alabama · 1887
3Cited by16 opinions
- Capps v. NordenSupreme Court of Alabama · 1954
- Kinney v. WhiteSupreme Court of Alabama · 1926
- Potts v. Court of CommissionersSupreme Court of Alabama · 1919
- Campbell v. RiceSupreme Court of Alabama · 1943
- Johnston v. JohnstonSupreme Court of Alabama · 1934
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