Herbert v. Hanrick
Supreme Court of Alabama
Error to the Circuit Court of Montgomery. Tried before the Hon. John D. Phelan. m as This was an action of trespass to try titles to three lots of round in the city of Montgomery designated by the numbers C>, 16 and 17, on the soulh side h Monroe street, and was insuTtc I by the defendant ag ' ist plaintiff in error.
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Error to the Circuit Court of Montgomery. Tried before the Hon. John D. Phelan. m as This was an action of trespass to try titles to three lots of round in the city of Montgomery designated by the numbers C>, 16 and 17, on the soulh side h Monroe street, and was insuTtc I by the defendant ag ' ist plaintiff in error. The plaintiff1 in the court below introduced as evidence a patent from the United States to John Falconer for 160 acres of land, which embraced the lots in controversy, and a deed from the patentee to Joseph W. Bibb, deceased, for lots 15 and 16 - — a deed from the patentee to…
1Opinion of the CourtChilton, J.
We will dispose of the several assignments’of error in the order in which the'plaintiff's counsel presents them for our consideration.
1. The allowing of the seconddeposition of John D, Ross to be read to the jury was a matter w-ithia the discretion of the judge trying the cause. We are not to. presume that the- court exercised this discretion capriciously; but on the contrary, that the proof was properly admitted. The matter1 being one of discretion, is not revisable on error, and consequently the ñrst and second assignments of error cannot be allowed to prevail. Hester, Wilson, White & Co.…
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3Cited by54 opinions
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