Cuthbert v. Newell
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Assumpsit by the defendant in error, on a promissory note of the plaintiff in error, for $5SG, and judgment.
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Error to the Circuit Court of Mobile. Assumpsit by the defendant in error, on a promissory note of the plaintiff in error, for $5SG, and judgment. On the trial, the defendant offered in evidence the deposition of John L. Thomas, by which it appeared that about eighteen months, or two years, ago, the pla.intiff received accounts and claims due the defendant, for the purpose of collecting, and paying himself, to the amount of about fifteen hundred dollars, but the witness did not know what the agreement of the parties was, in relation to the accounts and claims so received. The Court excluded…
1Opinion of the CourtOrmond, J.
— The question presented for revision, upon this record, has been so often before this Court, and the rule which governs it so frequently expounded, that it is matter of surprise it should be misunderstood.
If evidence be relevant to the issue, it cannot be rejected by the Court, because, unless assisted by other testimony, it will not establish the point in issue. If ■prima facie irrelevant, it may be rejected by the Court, unless the party offering it, states its connection with the other facts, in order that its relevancy may be seen by the Court. This is the result of all the cases. See…
2Cases cited3 opinions
- Taggard v. Curtenius & JonesNew York Supreme Court · 1836
- Bell v. Rhea, Conner & Co.Supreme Court of Alabama · 1840
- Innerarrity v. ByrneSupreme Court of Alabama · 1838
3Cited by11 opinions
- Goldsmith, Forcheimer & Co. v. PicardSupreme Court of Alabama · 1855
- Townsend v. CowlesSupreme Court of Alabama · 1858
- Hyer v. VaughnSupreme Court of Florida · 1882
- Atlanta & St. Andrews Bay Railway Co. v. FowlerSupreme Court of Alabama · 1915
- Shields v. HenrySupreme Court of Alabama · 1857
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