Davis v. Orme
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes.' Tried before the Hon. Nat. Cook. This action was brought by Daniel Davis, suing for the use of Mrs. Julian Davis, wife of James Davis, against Thomas J. Orme, to recover the sum of $400, alleged to have been won by the defendant from said James Davis, on the 20th August, 1857, as a wager on a horse-race; and was commenced on the 24th June, 1858. The defendant pleaded, “that he was never indebted in manner and form as plaintiff’ has…
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Appeal from the Circuit Court of Lowndes.' Tried before the Hon. Nat. Cook. This action was brought by Daniel Davis, suing for the use of Mrs. Julian Davis, wife of James Davis, against Thomas J. Orme, to recover the sum of $400, alleged to have been won by the defendant from said James Davis, on the 20th August, 1857, as a wager on a horse-race; and was commenced on the 24th June, 1858. The defendant pleaded, “that he was never indebted in manner and form as plaintiff’ has complained against him.” The rulings of the court on the trial are thus stated in the bill of exceptions: “The plaintiff…
1Opinion of the CourtStone, J.
In refusing to receive evidence of general. reputation that Julian Davis was the wife of James Davis, the circuit court did not err. That court went quite as far in receiving evidence on this point as the- law allows, 1 Greenl. Ev. § 107; Shep. Dig. 561, §§101, 103.
[2.] Neither did the court erf in receiving evidence of the admissions of James Davis, made after the terms of the bet were agreed on, and before the race was. decided, that he had no interest, in the bet. Mrs. Davis’ right to recover depends on the establishment by her of the fact, that James Davis, her husband, had lost, -and Mr.…
2Cases cited12 opinions
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- Head ex rel. Youngblood v. ShaverSupreme Court of Alabama · 1846
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