One Paige Automobile v. State
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County-; Hugh A. Locke, Judge. Bill by J. R. Tate as solicitor, on the relation of the State of Alabama, to condemn one Paige automobile, with intervention by Marion Washington, who claimed the car. From a decree denying the claim, and condemning the car, claimant appeals. The court erred in permitting the claimant to be asked, “Have you ever been convicted before?” Section 4008, Code 1907 ; 3 Ala.
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Appeal from Circuit Court, Jefferson County-; Hugh A. Locke, Judge. Bill by J. R. Tate as solicitor, on the relation of the State of Alabama, to condemn one Paige automobile, with intervention by Marion Washington, who claimed the car. From a decree denying the claim, and condemning the car, claimant appeals. The court erred in permitting the claimant to be asked, “Have you ever been convicted before?” Section 4008, Code 1907 ; 3 Ala. App. 646, 57 'South. 108; 155 Ala. 135, 46 South. 489. As reserved, the objection to evidence presents nothing for review. 192 Ala. 379, 68 South. 283.
1Opinion of the CourtThomas, J.
This was the trial of an intervention in a proceeding by the state for condemnation of one Paige touring car.
[1] This court will not permit a party to experiment as to what a witness would answer to a question, by accepting it if favorable, and by moving to exclude it if unfavorable, by successfully excepting to the ruling of the trial court admitting the answer. Adams Hdw. Co. v. Wimbish, 201 Ala. 547, 78 South. 901.
[2] The question on cross-examination of claimant, Washington, “Have you ever been convicted before?” was objected to as being immaterial, irrelevant, incompetent, and il-
legal,…
2Cases cited6 opinions
- Atlanta & St. Andrews Bay Railway Co. v. FowlerSupreme Court of Alabama · 1915
- Gager v. Doe, ex dem. GordonSupreme Court of Alabama · 1856
- Adams Hardware Co. v. WimbishSupreme Court of Alabama · 1918
- Birmingham Railway, Light & Power Co. v. DemminsAlabama Court of Appeals · 1911
- Tuskaloosa Wharf Co. v. Mayor of TuskaloosaSupreme Court of Alabama · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Housing Authority v. Decatur Land Co.Supreme Court of Alabama · 1953