Singleton v. Doe ex dem. Smith
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Common-law7 ejectment by Ann Smith, Doe ex dem., against Richard Roe, with notice to Edward Singleton and others. Judgment for plaintiff, and defendants appeal. Plaintiff claims as the widow of Emanuel Smith.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Common-law7 ejectment by Ann Smith, Doe ex dem., against Richard Roe, with notice to Edward Singleton and others. Judgment for plaintiff, and defendants appeal. Plaintiff claims as the widow of Emanuel Smith. The witness James Smith testified concerning the deed from Dan Kelly and wife to Emanuel Smith and Williams, and that he delivered the deed at Smith’s request to Judge Easton, a lawyer, who is now dead, and whose family have gone to Kansas City, and that Easton never returned the deed to him, and that he had looked in…
1Opinion of the CourtAnderson, J.
— This court in the case of Birmingham R. R. v. Seaborn, 168 Ala. 658, 53 South. 241, in discussing the rule as to refreshing the memory of witnesses from memoranda, reiterated the rule as laid down in the case of Acklen v. Hickman, 63 Ala. 498, 35 Am. Rep. 543, wherein it was said: “ ‘The law recognizes the right of a witness to consult memoranda in aid of his recollection, under two conditions: First, when, after examining a memorandum made by himself, or known and recognized by him as stating the facts truly, his memory is thereby so refreshed that he can testify, as matter of independent…
2Cases cited4 opinions
- Birmingham Railway Light & Power Co. v. SeabornSupreme Court of Alabama · 1910
- Bondurant v. Bank of AlabamaSupreme Court of Alabama · 1845
- Elyton Land Co. v. DennySupreme Court of Alabama · 1895
- Stewart Bros. v. Harris, Cortner & Co.Alabama Court of Appeals · 1912
3Cited by21 opinions
- Floyd v. PughSupreme Court of Alabama · 1917
- Penney v. WarrenSupreme Court of Alabama · 1927
- Baker v. FarishSupreme Court of Alabama · 1943
- Singley v. DempseySupreme Court of Alabama · 1949
- Central of Georgia Ry. Co. v. WilsonSupreme Court of Alabama · 1927
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