Legal Opinion

Polly v. McCall

Supreme Court of Alabama

Decided June 15, 1860PublishedCited by 40 opinions

Appeal from the Circuit Court' ©f Lowndes. Tried before the Hon. Robeet Dougiiekty. This action was brought by Mrs. Mary McCall, against' Tilomas Polly and James Eh Whitman, to recover damages for the overflowing of plaintiff’s lands by the defendants’’ .diversion of water from its natural channel.. The defendants pleaded “the general issue, and the statute of limitations,” in short by consent; and the cause was tried on issue joined on these pleas.

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Appeal from the Circuit Court' ©f Lowndes. Tried before the Hon. Robeet Dougiiekty. This action was brought by Mrs. Mary McCall, against' Tilomas Polly and James Eh Whitman, to recover damages for the overflowing of plaintiff’s lands by the defendants’’ .diversion of water from its natural channel.. The defendants pleaded “the general issue, and the statute of limitations,” in short by consent; and the cause was tried on issue joined on these pleas. The facts of the case, as stated in the bill of exceptions, -are those : “The plaintiff proved her possession and ownership of the lands…

1Opinion of the CourtStone, J.

The circuit court did not err, in admitting-evidence of the admissions of the defendant Polly. The facts-which the admissions tended to prove were material,. *29and, as against the defendant Polly, we can perceive no reason for excluding them from the j.ury. — Palmer v. Severance, 9 Ala. 751 ; Falkner v. Leith, 15 Ala. 9 ; Goodman v. Walker, 30 Ala. 500.

[2.]' Neither did the court err, in admitting oral testimony of the written notice served in this case. This fact was collateral to the issue — was not necessary to the plaintiff’s success in the suit, either in consequence of any requirement of…

2Cases cited9 opinions

  1. Tyler v. WilkinsonU.S. Circuit Court for the District of Rhode Island · 1827
  2. Brown v. CockerellSupreme Court of Alabama · 1858
  3. Goodman v. WalkerSupreme Court of Alabama · 1857
  4. Roundtree v. BrantleySupreme Court of Alabama · 1859
  5. Stein v. BurdenSupreme Court of Alabama · 1854

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

3Cited by40 opinions

  1. South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
  2. City Council v. LombardSupreme Court of Georgia · 1897
  3. Howell v. City of DothanSupreme Court of Alabama · 1937
  4. Hughes v. AndersonSupreme Court of Alabama · 1880
  5. Savannah, Americus & Montgomery Railway v. BufordSupreme Court of Alabama · 1894

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

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