Legal Opinion

Gwin v. Church

Supreme Court of Alabama

Decided September 14, 1961No. 6 Div. 325Published

1Opinion

On Rehearing.

COLEMAN, Justice.

Appellee says that on original deliverance we erred in interpretation of well-settled principles of law and that the cases we cited do not support the decision. It may be that the reason for reversal is not clearly spelled out in the original opinion. To eliminate doubt, we state the applicable rule as follows:

“It is the generally accepted rule that it will constitute grounds for a new trial if counsel, in disregard of the court’s ruling that a certain line of evidence is inadmissible, persists in attempting to get such evidence before the jury to the prejudice…

2Cases cited8 opinions

  1. Birmingham Baptist Hospital, Inc. v. BlackwellSupreme Court of Alabama · 1930
  2. L. & N. R. R. Co. v. PayneCourt of Appeals of Kentucky · 1909
  3. Porter Coal Co. v. DavisSupreme Court of Alabama · 1935
  4. Birmingham Nat. Bank v. BradleySupreme Court of Alabama · 1895
  5. Travis v. HubbardSupreme Court of Alabama · 1958

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