Chambers v. Morris
Supreme Court of Alabama
Appeal, from Henry Circuit- Court. Heard before Hon. A. A. Evans. Statutory action in the nature of ejectment begun by O. Y. Morris against Gifford Wiggins and Sub. Anthony. They suggested Lecy S. Chambers as landlord, and after notice she came in and' defended. From a judgment for plaintiff, defendant appeals. The court erred in excluding the testimony of Varnum. The motion to exclude it came too late.' — Smith v. B’ham Ry.
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Appeal, from Henry Circuit- Court. Heard before Hon. A. A. Evans. Statutory action in the nature of ejectment begun by O. Y. Morris against Gifford Wiggins and Sub. Anthony. They suggested Lecy S. Chambers as landlord, and after notice she came in and' defended. From a judgment for plaintiff, defendant appeals. The court erred in excluding the testimony of Varnum. The motion to exclude it came too late.' — Smith v. B’ham Ry. L. & P. Co., 41 South. 810. The court improperly permitted the statements alleged to have been made by J. W. Chambers to be admitted. — Lee v. Thompson, 99 Ala. 95. His…
1Opinion of the CourtDowdell, J.
The witness John W. Chambers, haying testified on his direct examination that oné Colin S. Varnum, who had been examined as a witness on a former trial of the case, was dead, was then permitted to testify as to what the said Varnum had sworn on the former trial. On the cross-examination of Chambers he was asked by counsel how he knew that Varnum was dead, in answer to which he said: “I went to Varnum’s former home in Houston county, Ala., and he was not there. His family was there, and they told me he was dead, and that he died at the time named. I saw his family physician, who told me that…
2Cases cited2 opinions
- White v. StrotherSupreme Court of Alabama · 1847
- Elder v. StateSupreme Court of Alabama · 1899
3Cited by4 opinions
- Duncan v. WatsonSupreme Court of Alabama · 1916
- Faggard v. FilipowichSupreme Court of Alabama · 1946
- Perolio v. Doe ex dem. Woodward Iron Co.Supreme Court of Alabama · 1916
- Bradley v. StateAlabama Court of Appeals · 1926