Steverson v. Agee & Co.
Alabama Court of Appeals
Appeal from Tallapoosa Circuit Court. Heard before Hon. Thomas W. Wert. Action by Agee & Co. against J. M. Steverson. Judgment for plaintiff, and defendant appeals.
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Appeal from Tallapoosa Circuit Court. Heard before Hon. Thomas W. Wert. Action by Agee & Co. against J. M. Steverson. Judgment for plaintiff, and defendant appeals. The defense was the general issue, and that at the time this action was commenced plaintiff was indebted to defendant in the sum of $2,500, due from plaintiff to defendant for about 25,000 feet of lumber, which plaintiff had converted to its own use, and on which defendant had a mortgage given by Paul Rich, which latter defense is stated in various ways by way of recoupment and set-off. Notice was served on plaintiff to produce…
1Opinion of the Court
THOMAS, J.(1) While the common law afforded a remedy or means, known as a “subpoena duces tecum” (a matter now regulated largely by statute in this state — Code 1907, §§ 4060, 4061) for enforcing persons not parties to the suit to produce in court, to be used as evidence at the trial, documents or writings in their possession that were material to the issue between the parties, litigant, yet the law refused to compel, except in rare instances, as pointed out in 23 Am. & Eng. Ency. Law (2d Ed.) 169, either party to the suit to aid the other in the conduct of the suit or its defense by…
2Cases cited11 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Va. & Ala. Mining & Manufacturing Co. v. Hale & Co.Supreme Court of Alabama · 1890
- Alabama Great Southern Railroad v. TaylorSupreme Court of Alabama · 1900
- Rarden v. CunninghamSupreme Court of Alabama · 1902
- Ex parte BakerSupreme Court of Alabama · 1897
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3Cited by4 opinions
- Ex Parte HartSupreme Court of Alabama · 1941
- Ex Parte RowellSupreme Court of Alabama · 1946
- Ex Parte DarringSupreme Court of Alabama · 1942
- Patton v. City of DecaturCourt of Criminal Appeals of Alabama · 1975