Newbrick & Bros. v. Dugan
Supreme Court of Alabama
Appeal from the Circuit Court of Escambia. Tried before the Hon. John K. Henry. This Avas a trial of the right of property, which had been levied on under execution in favor of appellants, against James Dugan, husband of appellee. The property levied on, consisted of a portion of a stock of goods, in a store, which formerly belonged to the husband. At the time of the levy, the store was carried on in the wife’s name, and she and her husband together attended to the business.
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Appeal from the Circuit Court of Escambia. Tried before the Hon. John K. Henry. This Avas a trial of the right of property, which had been levied on under execution in favor of appellants, against James Dugan, husband of appellee. The property levied on, consisted of a portion of a stock of goods, in a store, which formerly belonged to the husband. At the time of the levy, the store was carried on in the wife’s name, and she and her husband together attended to the business. Some time before this, she had been made a free-dealer. There was evidence tending to show that she had purchased the…
1Opinion of the CourtBrickell, C. J.
A party has a clear legal right to reexamine his witnesses as to matters requiring explanation, or as to new matter, his adversary may have introduced. It is not within the discretion of the court to permit or refuse such examination, and if on a proper application, the right is refused, the refusal would be an error compelling the rever-' sal of a judgment against him. No distinction can be made between the refusal of the right, and the refusal to admit any legal evidence. — 1 Whart. Ev. § 572. It is within the discretion of the conrt to permit or refuse the reexamination as to matters in…
2Cases cited6 opinions
- Michan v. WyattSupreme Court of Alabama · 1852
- Bragg v. Massie's Adm'rSupreme Court of Alabama · 1861
- Gayle v. BishopSupreme Court of Alabama · 1848
- Newman v. JamesSupreme Court of Alabama · 1847
- Bell v. Bell's Adm'rSupreme Court of Alabama · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Wells v. American Mortgage Co. of Scotland, Ltd.Supreme Court of Alabama · 1895
- Allen v. HamiltonSupreme Court of Alabama · 1895