Crenshaw v. Davenport
Supreme Court of Alabama
Whit of error to the Circuit of Lowndes county. Assumpsit on the common counts. At the trial, on the general issue, and also on one formed on the replication of a promise within six years, it was proved that James Crenshaw, William Crenshaw, and Louisa Davenport, the feme plaintiff, formerly Louisa Crenshaw, together with some three others, were legatees of an estate in lands in Lowndes county; that James Crenshaw was the administrator of that estate; that the lands were…
Read the full summary
Whit of error to the Circuit of Lowndes county. Assumpsit on the common counts. At the trial, on the general issue, and also on one formed on the replication of a promise within six years, it was proved that James Crenshaw, William Crenshaw, and Louisa Davenport, the feme plaintiff, formerly Louisa Crenshaw, together with some three others, were legatees of an estate in lands in Lowndes county; that James Crenshaw was the administrator of that estate; that the lands were sold by comm'ssioncrs appointed by the orphans’ court of Lowndes county; that the sale was made on the 1st of February,…
1Opinion of the CourtGoldthwaite, J.
The exclusion or admission of evidence, which is supposed by one party to be relevant, and by the other is considered as irrelevant, is frequently a matter of some difficulty. The general rules on this subject are, however, believed to be sufficiently clear and precise to prevent any injustice from being done. When the relevancy is not apparent from the evidence offered, but other facts will make it so, the duty of the party offering it is to state its connexion with the other facts, in order that its relevancy may be disclosed to the court. [2 Star-*392tie’s Ev. 381.] It is evident to every one…
2Cases cited4 opinions
- Clark v. BeachSupreme Court of Connecticut · 1826
- Gratz v. GratzSupreme Court of Pennsylvania · 1834
- Innerarrity v. ByrneSupreme Court of Alabama · 1838
- Harris v. PaynesCourt of Appeals of Kentucky · 1824
3Cited by10 opinions
- Baker v. StateSupreme Court of Florida · 1892
- Townsend v. CowlesSupreme Court of Alabama · 1858
- Louisville & Nashville Railroad v. HillSupreme Court of Alabama · 1896
- Stokes v. StateCourt of Criminal Appeals of Alabama · 1979
- Schamagel v. WhitehurstSupreme Court of Alabama · 1893
5 more not listed; retrieve them via the Exa API.