Ritter v. Griswold
Alabama Court of Appeals
Appeal from Birmingham Gity Court. Heard before Hon C. C. Nesmith. Action by Dave M. Griswold against Claude D. Bitter, for damages for assault and battery. Judgment for the plaintiff and the defendant appeals. Counsel discuss demand for jury, but without citation of authority. They also discuss assignments of error relative to evidence, but without citation of authority.
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Appeal from Birmingham Gity Court. Heard before Hon C. C. Nesmith. Action by Dave M. Griswold against Claude D. Bitter, for damages for assault and battery. Judgment for the plaintiff and the defendant appeals. Counsel discuss demand for jury, but without citation of authority. They also discuss assignments of error relative to evidence, but without citation of authority. They insist that under the evidence, plaintiff was not entitled to recover, and that this court ought to reverse and remand or. render. In support of this contention they cite. — Sloss-8. 8. & 1. Go. v. Dickinson, 52 South.…
1Opinion
On Application for Rehearing.
While, as contended by appellee in his application for a-rehearing, a plea of- guilty or the fact that a.defendant paid a fine under such a plea, entered- in a criminal prosecution, may be received in a civil action for the srnne offense as an admission or- declaration against interest; and while the cases cited in the original opinion (Irby v. Wilde, 155 Ala. 388, 46 South, 454, and Phillips v. Kelly, 29 Ala. 628) .are not applicable be*623cause of that distinction, yet tbe. questions' asked tbe defendant do not bring tbis case under tbe rule insisted upon. ■ '
Tbe…
2Cases cited2 opinions
- Phillips v. KellySupreme Court of Alabama · 1857
- Irby v. WildeSupreme Court of Alabama · 1908