Hollingsworth v. Chapman
Supreme Court of Alabama
Appeal from Circuit Court of Limestone. Tried before ílon. Vs. B. Wood. In this case the appellant requested the court below to give several charges, which were refused. Exception was reserved to this action of the court, and it is here assigned for error. The record, however, does not show that the charges were asked in writing.
1Opinion of the Court
GEO. W. STONE, Special Judge.
The record in this cause fails to inform us that the charges refused, and severally-excepted to, were asked in writing. The Revised Code, section 2756, declares that “charges asked for by either party must be in writing.” In Myatt & Moore v. Bell, 41 Ala. 222, this court, speaking of this precise question, held that “ the charge will be presumed to have been in writing, where no objection appears to have been taken to it in the court below.” In that case, the judgment of the primary court was reversed, for the refusal of the court to give a charge, which the…
2Cases cited2 opinions
- Myatts & Moore v. BellSupreme Court of Alabama · 1867
- Grace v. McKissackSupreme Court of Alabama · 1873
3Cited by5 opinions
- Touart v. Jett Bros. ContractingSupreme Court of Alabama · 1910
- South & North Alabama Railroad v. SealeSupreme Court of Alabama · 1877
- Turlington v. SlaughterSupreme Court of Alabama · 1875
- Tuttle v. WalkerSupreme Court of Alabama · 1881
- Wagner v. Simmons & Co.Supreme Court of Alabama · 1878