Legal Opinion

Birmingham Electric Co. v. Wood

Supreme Court of Alabama

Decided October 30, 1930No. 6 Div. 613PublishedCited by 16 opinions

1Opinion of the CourtBrown, J.

The authorities are agreed in holding that the pleadings in an action at law or suit in equity are admissible as evidence in another suit, when the question of their existence, or the fact that such suit was filed, and the issue involved in such suit, is a material inquiry, notwithstanding they are not verified by oath. Richardson v. State, 204 Ala. 124, 85 So. 789.

But such pleadings are not admissible as admissions, or as evidence to impeach a party thereto, unless verified by oath of the party, or it is shown by independent evidence that the pleading was drawn under the direction of the…

2Cases cited17 opinions

  1. Cobb v. MaloneSupreme Court of Alabama · 1890
  2. South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
  3. Birmingham Railway, Light & Power Co. v. DrennenSupreme Court of Alabama · 1911
  4. Alabama Great Southern R. v. Ensley Transfer & Supply Co.Supreme Court of Alabama · 1924
  5. Richardson v. StateSupreme Court of Alabama · 1920

12 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Cobbs v. NorvilleSupreme Court of Alabama · 1933
  2. Garrison v. Campbell "66" Express, Inc.Missouri Court of Appeals · 1956
  3. City of Jasper v. SandersSupreme Court of Alabama · 1933
  4. Murphree v. HensonSupreme Court of Alabama · 1972
  5. Rogers v. McLeskeySupreme Court of Alabama · 1932

11 more not listed; retrieve them via the Exa API.

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