Weaver v. Traylor
Supreme Court of Alabama
EeROR. to the Circuit Court of Perry county. This was an action of assumpsit, brought by the plaintiff against the defendant in the circuit court of Perry. On the trial, a bilí of exceptions was taken, which sets forth, that the plaintiff introduced the deposition of Allen E. Laughridge; which was read to the jury. The defendant sought to impeach the credibility of this witness, by proposing to prove certain declarations previously made to the defendant, pending the action.
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EeROR. to the Circuit Court of Perry county. This was an action of assumpsit, brought by the plaintiff against the defendant in the circuit court of Perry. On the trial, a bilí of exceptions was taken, which sets forth, that the plaintiff introduced the deposition of Allen E. Laughridge; which was read to the jury. The defendant sought to impeach the credibility of this witness, by proposing to prove certain declarations previously made to the defendant, pending the action. The declarations proposed to be given in evidence, were to the effect, that the witness Laughridge, claimed an interest…
1Opinion of the CourtClay, J.
But one question arises under the assignment of errors. That question is, whether it was proper to permit evidence to go to the jury, to impeach the credibility of the witness, Laughridge, on account of declarations of his interest in the matter in controversy, made before his deposition was taken? The *566general rule is, “ that, whenever the credit of a witness is to be impeached, by proof of any thing he has said, or declared, or done in relation to the cause, he is first to be asked, upon cross-examination, whether he has said or declared, or done that, which is intended to be proved.” If the…
2Cited by4 opinions
- Sexton v. StateAlabama Court of Appeals · 1915
- Alabama Great Southern R. Co. v. MoletteSupreme Court of Alabama · 1922
- Kansas City Southern Railway Co. v. FrostSupreme Court of Arkansas · 1909
- Howland v. ConwayDistrict Court, S.D. New York · 1848