Turrentine v. Grigsby
Supreme Court of Alabama
Appeal from the Circuit Court of Limestone. Tried before the Hon. D. W. Speake. Special Judge. This was an action brought by the appellee, Thomas B. Grigsby, against the appellant, Thomas J. Turrentine, and one John H. Davis; and counted upon a promissory note for'$2,500. The complaint, as originally filed, averred that there was a credit of $1,500 on said note.
Read the full summary
Appeal from the Circuit Court of Limestone. Tried before the Hon. D. W. Speake. Special Judge. This was an action brought by the appellee, Thomas B. Grigsby, against the appellant, Thomas J. Turrentine, and one John H. Davis; and counted upon a promissory note for'$2,500. The complaint, as originally filed, averred that there was a credit of $1,500 on said note. The plaintiff subsequently amended his complaint by adding another count thereto, in which he counted upon a note for $500. When the cause was called for trial, the defendant interposed a plea to the jurisdiction of the court, Avhic'h…
1Opinion of the CourtBbickell, C. J.
1. The several' questions raised as to the competency of the judge presiding in the court below, have been settled adversely to the appellant. Bell v. State, 115 Ala. 25; L. & N. R. R. Co. v. Malone, 116 Ala. 600.
2. The material inquiry in considering the relevancy of eA’idence is, Avlxether it has a tendency to establish any fact material to support the plaintiff’s case, or the defense of the defendant. If such is its tendency, it is admissible, and the question of its sufficiency or weight belongs to the province of the jury, under appropriate instructions from the court.- — -1 Brick. Dig.…
2Cases cited5 opinions
- Bell v. StateSupreme Court of Alabama · 1896
- Louisville & Nashville Railroad v. MaloneSupreme Court of Alabama · 1897
- Lehman Bros. v. McQueenSupreme Court of Alabama · 1880
- Adams v. ThorntonSupreme Court of Alabama · 1885
- Vandeventer & Co. v. FordSupreme Court of Alabama · 1877
3Cited by3 opinions
- Brenner v. LesherSupreme Court of Pennsylvania · 1938
- Latham v. ClarkOhio Supreme Court · 1929
- Shook v. BensonSupreme Court of Alabama · 1923