Eminent Household of Columbian Woodmen v. Blackerby
Supreme Court of Alabama
Appeal from Circuit Court, Covington County; A. B. Foster, Judge. Action by Ada Blackerby, formerly Ada Rambo, upon a certificate of insurance on the life of her former husband, Rambo. Judgment for plaintiff, and the defendant appeals.
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Appeal from Circuit Court, Covington County; A. B. Foster, Judge. Action by Ada Blackerby, formerly Ada Rambo, upon a certificate of insurance on the life of her former husband, Rambo. Judgment for plaintiff, and the defendant appeals. For the pleadings and other matters, see former report of this case in 201 Ala. 443, 78 South. 821. It apiiears that Rambo met his death at the hands of deputy sheriffs seeking to arrest him, and that he was shot in the back and in the side and through the shoe from the bottom, and that he fell near the automobile. The court erred in refusing to allow it to be…
1Opinion of the CourtBrown, J.
This is the second appeal in this case. The decision on the former appeal will be found in Eminent Household of Columbian Woodmen v. Blackerby, 201 Ala. 443, 78 South. 821.
[1] The right of the sheriff’s deputies to carry arms on the occasion of the alleged effort to arrest Rambo was not an issue in this case, and the evidence offered as to what occurred between Deputy Straughn and Rambo on a former occasion, when Straughn arrested Rambo, and whether or not Rambo was then armed, was properly excluded. Its tendency was to inject into the case a collateral issue, and withdraw the attention of…
2Cases cited6 opinions
- Mattison v. StateSupreme Court of Alabama · 1876
- Jones v. Jefferson CountySupreme Court of Alabama · 1919
- Bellingrath v. AndersonSupreme Court of Alabama · 1919
- Thrash v. BennettSupreme Court of Alabama · 1876
- Sovereign Camp, Woodmen of the World v. PritchettSupreme Court of Alabama · 1919
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