Shields v. Henry
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. BapieR. This action was brought by Henry & Mott against the .appellants, as part-owners of the steamboat Farmer, and was founded on an open account for goods sold and delivered to the officers for the use of the boat.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. BapieR. This action was brought by Henry & Mott against the .appellants, as part-owners of the steamboat Farmer, and was founded on an open account for goods sold and delivered to the officers for the use of the boat. The defendants separately pleaded the general issue, and the defendant Daniel Walker rested his defense on the ground that he was not a part-owner of the boat at the time the goods were sold and delivered. On the trial, after the plaintiffs had proved the sale and delivery of the goods, on the days specified in…
1Opinion of the CourtStone, J.
— The question on the admissibility of the evidence may be thus stated. The plaintiff offered evidence, which, by itself, was clearly irrelevant and inadmissible. In answer to the objection of defendant, his counsel stated to the court, “that he could probably, by other evidence, so connect the defendant Daniel Walker *56witb the entries, as to make them competent evidence.” The entries spoken of were made by and in the books of other persons, not parties to this suit. To the admission of this evidence defendant excepted.
In the ease of Wiswall v. Ross, 4 Porter, 321-30, this court said, “If the…
2Cases cited6 opinions
- Wiswall v. RossSupreme Court of Alabama · 1837
- Cheek v. WaldrumSupreme Court of Alabama · 1854
- Cuthbert v. NewellSupreme Court of Alabama · 1845
- Crenshaw v. DavenportSupreme Court of Alabama · 1844
- Carlisle v. HunleySupreme Court of Alabama · 1849
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3Cited by6 opinions
- Zimmern v. Standard Motor Car Co.Supreme Court of Alabama · 1921
- Abraham & Brother v. NunnSupreme Court of Alabama · 1868
- Walker v. GunnelsSupreme Court of Alabama · 1914
- Blackwell v. HamiltonSupreme Court of Alabama · 1872
- Hicks v. StateAlabama Court of Appeals · 1914
1 more not listed; retrieve them via the Exa API.