Bryant v. Hutchinson
Supreme Court of Alabama
Appeal from the Circuit Court of Tallapoosa. Tried before tbe Hon. Robert Dougherty. This action was brought by John Hutchinson against General J. Bryant; was founded on the defendant’s promissory note for $30, dated January 10, 1852, and payable on or before the 25th December next after date, to John Hutchinson or bearer ; and was commenced before a justice of the peace, and removed by certiorari, by the defendant, to the circuit court.
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Appeal from the Circuit Court of Tallapoosa. Tried before tbe Hon. Robert Dougherty. This action was brought by John Hutchinson against General J. Bryant; was founded on the defendant’s promissory note for $30, dated January 10, 1852, and payable on or before the 25th December next after date, to John Hutchinson or bearer ; and was commenced before a justice of the peace, and removed by certiorari, by the defendant, to the circuit court. On the trial, as the bill of exceptions states, after the plaintiff had offered in evidence the note sued on, “the defendant then offered to read the second…
1Opinion of the CourtWalker, J.
The two interrogatories, and the answers to them, to the exclusion of which the defendant excepted, were offered separately. When the court ex-*443eluded the answer to the former, it was not informed that the answer to the latter would be offered; and when it excluded the answer to the latter of the two interrogatories, there was no offer to read the answer to the former in connection with it. Neither of the answers, separately-considered, shows, as I understand, prima facie, the relevancy of the testimony: and I think the judgment of the court below ought to be affirmed. Besides, I incline to…
2Cases cited4 opinions
- Abney v. Kingsland & Co.Supreme Court of Alabama · 1846
- Cuthbert v. NewellSupreme Court of Alabama · 1845
- Bilberry's Adm'r v. MobleySupreme Court of Alabama · 1852
- Leigh v. LightfootSupreme Court of Alabama · 1847
3Cited by1 opinion
- Pike v. ElliottSupreme Court of Alabama · 1860