Kelly v. Cook
Alabama Court of Appeals
Appeal from Monroe Law and Equity Court. Heard before Hon. W. G. McCorvey. Action by Lizzie Cook against Riley Kelly for the conversion of three bales of cotton. Judgment for plaintiff, and defendant appeals.
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Appeal from Monroe Law and Equity Court. Heard before Hon. W. G. McCorvey. Action by Lizzie Cook against Riley Kelly for the conversion of three bales of cotton. Judgment for plaintiff, and defendant appeals. After'defendant had closed its case, defendant having introduced and examined one McKinley, plaintiff, in rebuttal was asked this question by her attorney, relative to said McKinley: “Now, Mrs. Cook, has he ever done anything, in any way, to show that he had bad feelings towards, or felt good towards you ? If he has, tell these men what it was.” Over objection witness was permitted to…
1Opinion of the CourtBrown, J.
A full statement of the rule governing the introduction of evidence' to show bias as impeaching witnesses will be found in Sexton v. State, 13 Ala. App. 84, 69 South. 342, affirmed in Ex parte Sexton, 195 Ala. 697, 70 South. 1014. It is therefore not necessary to here restate the rule; but we deem it *352sufficient to say that the fact that Kelly was the defendant in the case tended to show bias, and the question propounded to the witness Mrs. Cook in rebuttal, while it may have been subject to the objection, at least in part, of calling for a conclusion of the witness, was nevertheless broad…
2Cases cited6 opinions
- Sexton v. StateAlabama Court of Appeals · 1915
- Haralson v. StateSupreme Court of Alabama · 1886
- Yarbrough v. StateSupreme Court of Alabama · 1882
- McCarty v. Roswald & Co.Supreme Court of Alabama · 1894
- Peoples Savings Bank & Trust Co. v. Huttig Manufacturing Co.Alabama Court of Appeals · 1911
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