Long v. Kent
Supreme Court of Alabama
Weit of Error to the County Court of Butler County. Assumpsit on the money counts. The suit was tried on the general issue, and on the pleas of payment and set-off. The plaintiff gave in evidence, the record of a judgment obtained in the circuit court in favor of Daniel E. Starr, against 'William Burk, which showed an action of detinue to recovera slave.
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Weit of Error to the County Court of Butler County. Assumpsit on the money counts. The suit was tried on the general issue, and on the pleas of payment and set-off. The plaintiff gave in evidence, the record of a judgment obtained in the circuit court in favor of Daniel E. Starr, against 'William Burk, which showed an action of detinue to recovera slave. Affidavit in that suit had been made by Stan-, under the statute, and a bond was executed by Burk, as principal, with Long, the plaintiff in this suit, Angus Brown, and the present defendant, as sureties, conditioned for the delivery of the…
1Opinion of the CourtGoldth Waite, J.
We have no doubt that a court is invested with the discretionary power to exclude evidence, either in whole or in part, whenever its irrelevancy to the issue before the jury is ascertained.
The case made by the plaintiff was not one which entitled him to any recovery in assumpsit, nor is there any portion of it from which the issue before the jury could be concluded, as there was nothing from which it could legally be inferred that any contract, express or implied, existed between these parties. The whole was irrelevant therefore, because no part of it conforms to the allegations of the…
2Cited by1 opinion
- Kent v. LongSupreme Court of Alabama · 1845