Little v. Beazley
Supreme Court of Alabama
Writ of error to the County Court of Sumter county. Action of assumpsit on a promissory note. Plea putting in issue the execution of the note. Verdict and judgment for the defendant.
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Writ of error to the County Court of Sumter county. Action of assumpsit on a promissory note. Plea putting in issue the execution of the note. Verdict and judgment for the defendant. At the trial the plaintiff offered in evidence “ proven-, specimens of the hand writing of the defendant, to go to the jury,-to be compared' by them with the hand writing of the note sued on, and with its signature thereto; which specimens, though proved on the trial, were excluded, and not permitted to be shewn to the jury.” The plaintiff excepted and brings the case to this Court by writ of error, to revise the…
1Opinion of the CourtGoldthwaite, J.
— This is one of those questions upon which so much has been said and written, that a review of all the cases would be alike impracticable and uninteresting. We shall therefore content ourselves with declaring the rule as wo consider it to exist at the present day. Comparison of hand writing by submitting different writings having no connexion with the matter in issue, is not permitted by law. The present case presents the naked question, whether signatures proved to be in the defendant’s, writing, can be given in evidence to the jury, to enable them to determine, by a comparison with the…
2Cited by7 opinions
- Kirksey v. KirkseySupreme Court of Alabama · 1868
- Williams v. StateSupreme Court of Alabama · 1878
- Sulzby v. PalmerSupreme Court of Alabama · 1916
- Griffin v. Working Women's Home Ass'nSupreme Court of Alabama · 1906
- Sulzby v. PalmerSupreme Court of Alabama · 1916
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