Melton v. Troutman
Supreme Court of Alabama
Error to the Circuit Court of Talladega. Before the Hon. S. Chapman. Action on the case, by Melton against Troutman, for wrongfully, vexatiously and maliciously suing out an attachment, returnable to Shelby circuit court. The attachment was sued out for the sum of $2,300, but the verdict and judgment were for $1,201 only ; the claim having been reduced by proof that usury entered into the consideration of the note, on which the attachment was founded.
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Error to the Circuit Court of Talladega. Before the Hon. S. Chapman. Action on the case, by Melton against Troutman, for wrongfully, vexatiously and maliciously suing out an attachment, returnable to Shelby circuit court. The attachment was sued out for the sum of $2,300, but the verdict and judgment were for $1,201 only ; the claim having been reduced by proof that usury entered into the consideration of the note, on which the attachment was founded. At the trial, the defendant offered the deposition of one Jones, who stated, with other matter, that the plaintiff resided in Georgia, from…
1Opinion of the CourtDargan, J.
It is the duty of a party objecting to evidence, to point out with certainty, the evidence he deems objectionable. If it is offered by way of deposition, and the objection is to the whole deposition — the whole must be illegal, or there is no error in admitting it. If a part of the deposition only is illegal, the objection must point out the illegal part, and if it does not, the court may overrule the objection. 4 Ala. 265 ; 2 ib. 280.
Any other rule of practice, than this, would lead to results that would be intolerable, as it would impose on the court, in the midst of the trial, the…
2Cases cited5 opinions
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- Donnell v. JonesSupreme Court of Alabama · 1848
- Paschall v. WhitsettSupreme Court of Alabama · 1847
- Smith v. ZanerSupreme Court of Alabama · 1842
- Hrabowski's Ex'rx v. Herbert, Daniel & Co.Supreme Court of Alabama · 1842
3Cited by4 opinions
- Bell v. Seals Piano & Organ Co.Supreme Court of Alabama · 1918
- Hammond v. VetsburgSupreme Court of Florida · 1908
- Murrah v. Branch Bank at DecaturSupreme Court of Alabama · 1852
- Brantley v. GunnSupreme Court of Alabama · 1856