Rembert v. Brown
Supreme Court of Alabama
Writ of Error to the Circuit Court of Dallas. Before the Hón. E. Pickens. Assumpsit by the defendant in error. All the questions presented for revision, arise on a bill of exceptions, reserved at the trial by the plaintiffs in error.
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Writ of Error to the Circuit Court of Dallas. Before the Hón. E. Pickens. Assumpsit by the defendant in error. All the questions presented for revision, arise on a bill of exceptions, reserved at the trial by the plaintiffs in error. The plaintiff produced, and read to the jury, the note declared on, and also claimed for a quantity of corn furnished the plantation of defendant’s intestate, in the year 1840, and his wages as overseer in the year 1841. It was in evidence that Middleton G. Woods, and William C. Woods, inherited a large fortune from their father, and were the only heirs. That…
1Opinion of the CourtCollier, C. J.
1. In general it is not allowable for a witness to state his opinions, but it is sometimes permissible for him to testify to the result of his judgment and observation upon couceded facts. Thus, where a witness stated, that from his knowledge of .the debtoPs circumstances, the latter was able to pay a certain amount, and that during a certain time after his escape, he must have spent from $800 to $100.0, as deponent believed, the testimony was considered admissible — not being an abstract opinion merely. Griffin v. Brown, 2 Pick. Rep. 304. In questions of the value of property, witnesses have…
2Cases cited2 opinions
- Roberts v. TrawickSupreme Court of Alabama · 1848
- Farmers' & Manufacturers' Bank v. WhinfieldNew York Supreme Court · 1840
3Cited by2 opinions
- James v. StateSupreme Court of Alabama · 1915
- Barnes v. IngallsSupreme Court of Alabama · 1863