Fletcher v. Weisman
Supreme Court of Alabama
Writ of error to the Circuit Court of Perry County. ACTION of assumpsit for the use and occupation of land. Pleas — -non assumpsit, payment and set-off; verdict and judgment for the plaintiff. At the trial a bill of exceptions was taken by the defendant, which stales, “ that a witness was introduced by the plaintiff who said the land was rented from one A. J. Cady by the defendant, for the year 1837, under a written contract.
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Writ of error to the Circuit Court of Perry County. ACTION of assumpsit for the use and occupation of land. Pleas — -non assumpsit, payment and set-off; verdict and judgment for the plaintiff. At the trial a bill of exceptions was taken by the defendant, which stales, “ that a witness was introduced by the plaintiff who said the land was rented from one A. J. Cady by the defendant, for the year 1837, under a written contract. This witness also said, that he had seen the contract, but did not know where it was at the time, when the trial was had; he believed it was in the possession of Cady,…
1Opinion of the CourtGoldthwaite, J.
— The bill of exceptions presents two distinct points; the first is an objection to the admission of the evidence respecting the contract for the year 1837, given subsequently to the disclosure, that this contract was reduced to writing; the second, is a motion to exclude the entire evidence from thejury: the evidence was admitted and the motion to ex. elude, overruled. The bill of exceptions is certainly not drawn with critical precision, but we think it would be hypercritical to assume, that the decision excepted to, was not of both the points presented.
2. We proceed then to the examination…
2Cited by2 opinions
- Roberts v. TrawickSupreme Court of Alabama · 1848
- Sammis v. JohnsonSupreme Court of Alabama · 1853