Stinson v. Faircloth-Byrd Co.
Alabama Court of Appeals
Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Detinue by the Faircloth Byrd Company against J. T. Stinson, with Sarah Stinson as claimant. Judgment for plaintiff, and defendant appeals. The following charges were refused to the claimant: (1) “If the jury are not reasonably satisfied from the evidence in this case that, at the time the levy was made upon the property involved in this suit, J..
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Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Detinue by the Faircloth Byrd Company against J. T. Stinson, with Sarah Stinson as claimant. Judgment for plaintiff, and defendant appeals. The following charges were refused to the claimant: (1) “If the jury are not reasonably satisfied from the evidence in this case that, at the time the levy was made upon the property involved in this suit, J.. T. Stinson owned such' property, you will find for the claimant.” (6) “I charge you, gentlemen of the jury, that the claimant in this suit has made out a prima facie case as to the…
1Opinion of the CourtWalker, P. J.
On laying the proper predicate, the testimony of a witness may be impeached by the opposing party by proof of former statements made by the witness which are inconsistent with any part of his testimony which is material to the issue in the case; and it is not a prerequisite to the admissibility of the proof of such contradictory statements that they were made in the presence of the party in whose behalf the witness was examined/ This statement disposes of several of the assignments of error which are sought to be sustained by the argument of the counsel for the appellant.
The following…
2Cases cited2 opinions
- Keyser v. Maas & SchwarzSupreme Court of Alabama · 1895
- Seisel & Co. v. Folmar & SonsSupreme Court of Alabama · 1893
3Cited by2 opinions
- Wilder v. BushSupreme Court of Alabama · 1917
- Turner v. StateAlabama Court of Appeals · 1912