Wallis v. Rhea
Supreme Court of Alabama
Error to the County Court of Pickens. This was a proceeding under the statute for the trial of the right of property. From a bill of exceptions sealed at the instance of the claimant, it appears, that a writ of fieri facias was issued from the circuit court of Morgan, on the 25th January, 1842, which on the 23d February following, was received by the sheriff of Pickens.
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Error to the County Court of Pickens. This was a proceeding under the statute for the trial of the right of property. From a bill of exceptions sealed at the instance of the claimant, it appears, that a writ of fieri facias was issued from the circuit court of Morgan, on the 25th January, 1842, which on the 23d February following, was received by the sheriff of Pickens. The_/i. fa. recites the recovery of a judgment by the defendants in error against James Wallis, for the sum of $133 92 debt, $12 63 damages, and $13 31üe costs, and commands that the same be made of the defendant therein. A…
1Opinion of the CourtCollier, C. J.
1. The generality of the objection to the reading of the deposition was such, that the circuit court might, with perfect propriety, have overruled it. Undefined objections should never be made to the admission of evidence ; and it may be laid down generally, that if the party making them, will not particularize, the court is not bound to cast about for the grounds upon which, in the mind of counsel, they are rested, but may promptly disregard them. Justice itself, the dignity of judicial proceedings, and the cer*454tainty of the law, all impel to this conclusion. We may, however, add, that the…
2Cases cited1 opinion
- Smith & Co. v. ZurcherSupreme Court of Alabama · 1846
3Cited by19 opinions
- Goldsmith, Forcheimer & Co. v. PicardSupreme Court of Alabama · 1855
- Wood v. LakeSupreme Court of Alabama · 1878
- Rutledge v. RowlandSupreme Court of Alabama · 1909
- Riley v. StateSupreme Court of Alabama · 1889
- Dryer v. LewisSupreme Court of Alabama · 1877
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