Legal Opinion

Baldwin v. Walker

Supreme Court of Alabama

Decided November 15, 1891PublishedCited by 7 opinions

Appeal from the Circuit Court of Montgomeiy. Tried before the Hon. John P. Hubbard. This action was brought by Mrs. Ida S. C. "Walker, against A. M. Baldwin, surety on an attachment bond; and was commenced on the 30th March, 1888. The attachment against Mrs. Walker was sued out on the 29th March, 1888, by the Empire Paper Bag Company, a partnership doing business in New York; and the defendant in this case was indemnified by them to sign the attachment bond.

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Appeal from the Circuit Court of Montgomeiy. Tried before the Hon. John P. Hubbard. This action was brought by Mrs. Ida S. C. "Walker, against A. M. Baldwin, surety on an attachment bond; and was commenced on the 30th March, 1888. The attachment against Mrs. Walker was sued out on the 29th March, 1888, by the Empire Paper Bag Company, a partnership doing business in New York; and the defendant in this case was indemnified by them to sign the attachment bond. The affidavit for the attachment was made by one W. E. Crane, an agent of the plaintiff company, who had been sent out from New York…

1Opinion of the CourtWalker, J.

— A party is in no position to complain of statements of fact called out by his own questions. The de*519fendant’s comprehensive request in his second cross-interrogatory, that the plaintiff “tell all about it,” justified the plaintiff in giving her own version of the matter inquired about. .Most of her answer was fairly responsive to the question. It was unobjectionable so far as it was a statement of facts pertinent to the matter of inquiry. But the plaintiff’s statement as to what she had said to others about ending her days in Montgomery was not responsive to the interrogatory. They were mere…

2Cases cited6 opinions

  1. Marshall v. BetnerSupreme Court of Alabama · 1850
  2. Steed v. KnowlesSupreme Court of Alabama · 1885
  3. Seay v. GreenwoodSupreme Court of Alabama · 1852
  4. Flournoy & Epping v. Lyon & Co.Supreme Court of Alabama · 1881
  5. Dothard v. SheidSupreme Court of Alabama · 1881

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

3Cited by7 opinions

  1. National Surety Co. v. MabrySupreme Court of Alabama · 1903
  2. Central of Georgia Railway Co. v. MartinSupreme Court of Alabama · 1903
  3. Camp v. DobsonSupreme Court of Alabama · 1934
  4. Bradford v. LawrenceSupreme Court of Alabama · 1922
  5. Trammell v. RamageSupreme Court of Alabama · 1892

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

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