Phillips v. Kelly
Supreme Court of Alabama
Appeal from the Circuit Court of Coosa. Tried before the Hon. Ahdbew B. Moose. This action was brought by William C. Kelly against Reuben Phillips, and was commenced in October, 1851. No pleas appear in the record.
Read the full summary
Appeal from the Circuit Court of Coosa. Tried before the Hon. Ahdbew B. Moose. This action was brought by William C. Kelly against Reuben Phillips, and was commenced in October, 1851. No pleas appear in the record. All the questions here presented arise out of the rulings of the court on the trial, which are thus stated in the bill of exceptions : “"On the trial of this cause, plaintiff offered evidence tending to show that, on or about the 6th March, 1851, he and defendant were together at a log-rolling on defendant’s premises, when a quarrel arose between them relative to some women ; that…
1Opinion of the CourtBice, C. J.
The objection to the plaintiff’s declaration, which was offered in evidence by him, was general, no particular ground of objection being stated. In this court, the defendant calls our attention to the fact, that the declaration was made after the commencement of the suit; and he here contends, that the mere fact that the declaration was made by the plaintiff after suit brought, makes it the duty of this court to hold that the court below erred in overruling his aforesaid objections. Our opinion is, that the defendant has precluded himself from claiming, in this court, any benefit from that…
2Cases cited5 opinions
- Riddle v. BrownSupreme Court of Alabama · 1852
- State v. BurnsSupreme Court of Alabama · 1845
- Logan v. AustinSupreme Court of Alabama · 1828
- State v. AuterySupreme Court of Alabama · 1828
- United States v. CraigU.S. Circuit Court for the District of Eastern Pennsylvania · 1827
3Cited by25 opinions
- March v. WalkerTexas Supreme Court · 1877
- Flanagan v. WomackTexas Supreme Court · 1880
- Stowers Furniture Co. v. BrakeSupreme Court of Alabama · 1908
- Rutledge v. RowlandSupreme Court of Alabama · 1909
- Kansas City, Memphis & Birmingham Railway Co. v. MatthewsSupreme Court of Alabama · 1904
20 more not listed; retrieve them via the Exa API.