Massey v. Smith
Supreme Court of Alabama
Appeal from Coosa Circuit Court. Tried before Hon. James E. Cobb. This was a statutory real action in the nature of ejectment, by A. C. F. Smith and others against Alfred Massey. The cause was tried on issue joined on the plea of not guilty, the trial resulting in a verdict for the plaintiffs, from which the defendant appealed. The evidence of title relied on by the parties in the primary court is not stated in the record.
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Appeal from Coosa Circuit Court. Tried before Hon. James E. Cobb. This was a statutory real action in the nature of ejectment, by A. C. F. Smith and others against Alfred Massey. The cause was tried on issue joined on the plea of not guilty, the trial resulting in a verdict for the plaintiffs, from which the defendant appealed. The evidence of title relied on by the parties in the primary court is not stated in the record. The defendant offered in evidence a petition filed in the probate court of Coosa county by the administrators of the estate of W. G-. Massey, deceased, praying for an order…
1Opinion of the CourtBriokell, C. J.
— The rule is settled by numerous decisions of this court, as is stated by the counsel for the appellant, that if specific grounds of objection are taken to. the admissibility of evidence, a waiver of all other objections is presumed, and on error this court will confine its decision to the grounds specified: — 1 Brick. Dig. 887, § 1194. • If it be the proper construction of the bill of exceptions, that the objection to the introduction as evidence of the record of the proceedings of the court of probate was confined to the specific ground, that the depositions remaining on file in that court…
2Cases cited1 opinion
- Pettus v. McClannahanSupreme Court of Alabama · 1875
3Cited by13 opinions
- Sovereign Camp, W. O. W. v. GaySupreme Court of Alabama · 1927
- Peyton v. StateAlabama Court of Appeals · 1960
- Hauser v. StateAlabama Court of Appeals · 1912
- Alexander v. WheelerSupreme Court of Alabama · 1884
- Hunnicutt Lumber Co. v. Mobile & Ohio R. R.Alabama Court of Appeals · 1911
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