Hyrschfelder v. Keyser
Supreme Court of Alabama
Appeal from the Circuit Court of Escambia. Tried before the Hon. P. O. HARPER. The facts are contained in the opinion. 1. The court erred in permitting, against the objection of the plaintiff, this question to be asked: “ How much did Keyser owe you in those transactions, before the partnership was created ?” and permitted the witness, Still, to answer, “ from eight hundred to one thousand dollars.” This was clearly irrelevant,—1 Brick.
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Appeal from the Circuit Court of Escambia. Tried before the Hon. P. O. HARPER. The facts are contained in the opinion. 1. The court erred in permitting, against the objection of the plaintiff, this question to be asked: “ How much did Keyser owe you in those transactions, before the partnership was created ?” and permitted the witness, Still, to answer, “ from eight hundred to one thousand dollars.” This was clearly irrelevant,—1 Brick. Dig. p. 780 § 100—and must reverse the judgment. 2. The charge was erroneous. It makes the case turn on whether Judge intended to convey title, when under the…
1Opinion of the Court
MANNING, J.—
The contest between these parties is a trial of the right of property founded on a claim by appel-lee, Keyser, to a lot of sawed sticks of timber which had been seized by virtue of a writ of attachment sued out in February, 1871, by appellant as plaintiff, against one Still. Still was, it seems, personally instrumental in having the attachment issued against himself, and levied on the timber. The timber belonged to a partnership of which he was a member, of the firm-name of Still & Judge, who OAvned the saw-mill at Avhich the sticks had been saAved: and the business of the firm…
2Cited by2 opinions
- Ellis v. AllenSupreme Court of Alabama · 1886
- Ullman v. MyrickSupreme Court of Alabama · 1890