Yarborough v. Hood
Supreme Court of Alabama
Writ of Error to the County Court of Randolph. This suit was commenced before a justice of the peace, and after judgment thereon was rendered, it was removed to the county court of Randolph. The facts, so far as they are necessary to be shown, may be thus stated.
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Writ of Error to the County Court of Randolph. This suit was commenced before a justice of the peace, and after judgment thereon was rendered, it was removed to the county court of Randolph. The facts, so far as they are necessary to be shown, may be thus stated. The plaintiff in error examined two witnesses, upon interrogatories, and the last interrogatory exhibited to the witnesses was, “state all you know that will benefit the plaintiff, as fully as if you were thereto specially interrogated.” One of the witnesses, in reply to this interrogatory, stated facts that the defendant objected…
1Opinion of the CourtDargan, J.
The evidence of the contract for the rent of the land, if that was the foundation of the account, is set out in the bill of exceptions, in such a confused manner, and it being difficult to ascertain what influence the charge had upon the case, we shall confine ourselves to the questions arising on the rejection, and the admissions of the testimony, to which objections were made. The first objection was to the rejection of the answer of the witness (examined on interrogatories) to the last interrogatory.
The last interrogatory was, state all you know that will benefit the plaintiff, as…
2Cases cited2 opinions
- Anderson v. CollinsSupreme Court of Alabama · 1844
- Moore v. HatfieldSupreme Court of Alabama · 1842
3Cited by6 opinions
- Larkins v. BiddleSupreme Court of Alabama · 1852
- Bullard v. LambertSupreme Court of Alabama · 1866
- Floyd v. StateSupreme Court of Alabama · 1857
- Tucker v. MageeSupreme Court of Alabama · 1850
- Flash, Hartwell & Co. v. FerriSupreme Court of Alabama · 1859
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