Minniece v. Jeter
Supreme Court of Alabama
Appeal from tbe Circuit Court of Sumter. Tried, before the Hon. Luther R. Smith. This action was brought by Cynthia 0. Jeter, against John A. Minnieee, and was commenced by original attachment, sued out on the 23d October, 1874. The defendant pleaded in abatement, that the plaintiff had sued out another attachment against him, on the same cause of action, on the 15th April, 1874, and that said former attachment suit was still pending when the attachment in this case was sued…
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Appeal from tbe Circuit Court of Sumter. Tried, before the Hon. Luther R. Smith. This action was brought by Cynthia 0. Jeter, against John A. Minnieee, and was commenced by original attachment, sued out on the 23d October, 1874. The defendant pleaded in abatement, that the plaintiff had sued out another attachment against him, on the same cause of action, on the 15th April, 1874, and that said former attachment suit was still pending when the attachment in this case was sued out; and he also moved to dismiss the suit on the same ground. The court overruled the motion to dismiss, to which, as…
1Opinion of the CourtStone, J.
— The judgment of the Circuit Court in this cause must be reversed, on certain points reserved in the court below to the introduction of evidence. The memorandum-book of expenses kept by Miss Jeter was improperly admitted. — Acklen’s Executor v. Hickman, 63 Ala. 494. That part of the answer of the witness Roberts, in these words : “ To the best of my judgment, I must say, that I was impressed with the idea, then, that it was of benefit to him and family, ” is mere conclusion, opinion, or conjecture, with no facts to support it, and should have been excluded. The two objections taken to parts…
2Cases cited5 opinions
- Acklen's v. HickmanSupreme Court of Alabama · 1879
- Jones v. JonesSupreme Court of Alabama · 1850
- Matthews, Finley & Co. v. Sands & Co.Supreme Court of Alabama · 1856
- Stevenson v. O'HaraSupreme Court of Alabama · 1855
- Wright v. PrestonSupreme Court of Alabama · 1876
3Cited by13 opinions
- Western Union Tel. Co. v. HeathcoatSupreme Court of Alabama · 1907
- Chapman v. BarnesSupreme Court of Alabama · 1890
- Southern Railway Co. v. HundleySupreme Court of Alabama · 1907
- Wright v. Strauss & Co.Supreme Court of Alabama · 1882
- Cary v. SimmonsSupreme Court of Alabama · 1888
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