Bain v. Hodges
Alabama Court of Appeals
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by W. N. Bain and another against Mont. G-. Hodges, for damages for the destruction of cotton seed by setting out fire. Judgment for defendant and plaintiffs appeals.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by W. N. Bain and another against Mont. G-. Hodges, for damages for the destruction of cotton seed by setting out fire. Judgment for defendant and plaintiffs appeals. A witness cannot be impeached by showing specific habits singled- out for. that purpose. — Bweatt v. The State, 156 Ala. 85; 5.A-. & E. Enc. of Law, 85. The court erred in giving charges C. and E. at defendant’s request. — Robinson v. Cowan, 158 Ala. 603; McNally v. Coldwell, 30 Am. St. Rep. 501; 29 Cyc. 460. The charge requested by the plaintiff should…
1Opinion of the Court
de GRAFFENRIED, J.
In the opening part of his testimony, W. N. Bain, one of the plaintiffs (and one of the appellants here), testified that he and John Reese, the other plaintiff (and the other appellant here), “were the owners of about 4,500 pounds of seed cotton in a pen on witness’ land, and that on that date it was destroyed by fire. The cotton was raised by Reese on witness’ land, picked by him, and put in the pen.” In another part of his testimony the witness said: “The plaintiff John Reese was renting witness’ land that year, and that witness had a mortgage on Reese’s crop. That the…
2Cases cited2 opinions
- Hendricks v. ClemmonsSupreme Court of Alabama · 1906
- Edwards v. MassingillAlabama Court of Appeals · 1912
3Cited by1 opinion
- International Agricultural Corp. v. BurtonSupreme Court of Alabama · 1915