Harsh, McLean & Hardison v. Heflin
Supreme Court of Alabama
Appeal from the Circuit Court of Lawrence. Tried before the Hon. II. O. Speaice. This action, which was brought by the appellants, suing as late partners, against Alexander Heflin, was commenced in a justice’s court, and was removed by appeal, at the instance of the plaintiffs, into the Circuit Court; and on the trial in that court, they reserved a bill of exceptions, as follows : “ During the argument of defendant’s counsel to the jury, he said: ‘Gentlemen, this case has…
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Appeal from the Circuit Court of Lawrence. Tried before the Hon. II. O. Speaice. This action, which was brought by the appellants, suing as late partners, against Alexander Heflin, was commenced in a justice’s court, and was removed by appeal, at the instance of the plaintiffs, into the Circuit Court; and on the trial in that court, they reserved a bill of exceptions, as follows : “ During the argument of defendant’s counsel to the jury, he said: ‘Gentlemen, this case has been tried once, and plaintiff failed to get a j uclgment there, and he will fail here.’ The court stopped him, and told…
1Opinion of the Court
STONE, O. J.
— On an'appeal from a justice’s judgment to a higher court, the case is tried de novo. It is tried on the evidence adduced, without regard to the ruling of the justice, such ruling and judgment having become vacated by the taking of the appeal. After the appeal is taken, the judgment appealed from can not be invoked as an estoppel, nor be given in evidence on the appeal trial. — Abraham v. Alford, 64 Ala. 281. The Circuit Court rightly arrested the line of argument attempted in this case, and should always interpose, to the extent of its power, to prevent any improper influences…
2Cases cited6 opinions
- Cross v. StateSupreme Court of Alabama · 1881
- Wolffe v. MinnisSupreme Court of Alabama · 1883
- East Tennessee, Virginia & Georgia Railroad v. BaylissSupreme Court of Alabama · 1883
- Abraham v. AlfordSupreme Court of Alabama · 1879
- Hobbs v. StateSupreme Court of Alabama · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Independent Publishing Co. v. American Press Ass'nSupreme Court of Alabama · 1893
- Louisville & Nashville Railroad v. LancasterSupreme Court of Alabama · 1898
- Ex Parte StateSupreme Court of Alabama · 2005
- Ex Parte SorsbySupreme Court of Alabama · 2007
- Cloverleaf Land Company Inc. v. StateSupreme Court of Alabama · 1964
14 more not listed; retrieve them via the Exa API.