Davis v. Clausen
Alabama Court of Appeals
Assumpsit. Appeal from Mobile LaAv and. Equity Court, Heard before Hon. Saffold Beiiney. Assumpsit by George J. Clausen against Charles N. Davis.
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Assumpsit. Appeal from Mobile LaAv and. Equity Court, Heard before Hon. Saffold Beiiney. Assumpsit by George J. Clausen against Charles N. Davis. Judgment for plaintiff, and defendant appeals. ■ Uncommunicated motives or intentions of a witness are not admissible.— Smith v. The State, 145 Ala. 17; Richardson v. String-fellow, 100 Ala. 416; Ball v. Farley, 81 Ala. 288. The defendant was entitled to the affirmative charge under the evidence. — 19 Cyc. 257-8; Grosswaite v. Lebus, 146 Ala. 525; Hutto, v. Stough, 157 Ala. 566; Grooh v. Forst, 116 Ala. 395; Davis v. Glausen, 2 Ala. App. 378.…
1Opinion of the CourtThomas, J.
This is the second appeal in this case. —Davis v. Clausen, 2 Ala. App. 382, 57 South. 79. *383After that reversal, upon another trial had, there Avas again a judgment for the appellee, Clausén.
The principles of law involved in the case were settled on the former appeal in line with the latest ruling of our Supreme Court on the subject, as found in the case of Smith v. Sharpe, 162 Ala. 438, 50 South. 381, 136 Am. St. Rep. 52, which we are without authority to overrule, if we were so disposed. Hence the correctness of the action of the trial court in overruling appellant’s motion to exclude…
2Cases cited3 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Smith v. SharpeSupreme Court of Alabama · 1909
- Davis v. ClausenAlabama Court of Appeals · 1911
3Cited by2 opinions
- Norwood Hospital, Inc. v. HowtonAlabama Court of Appeals · 1946
- Smithson v. StateAlabama Court of Appeals · 1949