Ryan v. Couch
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. Louis Wyeth. This action was brought by Samuel E. Ryan, against Ezekiel Coucb, late sheriff of said county, and the sureties on his official bond; and was commenced on the 27th April, 1878. The official bond of said Couch, which was set out in the complaint, was dated the 10th November, 1874, and was conditioned as prescribed by the statute (Code, § 163). The breach assigned in the complaint was the sheriff’s…
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Appeal from the Circuit Court of Marshall. Tried before the Hon. Louis Wyeth. This action was brought by Samuel E. Ryan, against Ezekiel Coucb, late sheriff of said county, and the sureties on his official bond; and was commenced on the 27th April, 1878. The official bond of said Couch, which was set out in the complaint, was dated the 10th November, 1874, and was conditioned as prescribed by the statute (Code, § 163). The breach assigned in the complaint was the sheriff’s failure to take a sufficient replevy bond in an attachment case, or to make the money on an execution which had come into…
1Opinion of the CourtSomeryille, J.
The examination of witnesses in cases, civil or criminal, is, in a great measure, necessarily under the control of the presiding judge, and subject to a just, wise, and sound judicial discretion. If he deem it necessary, in order to elicit the truth, and promote justice, he may, propria motu, or on the application of either party to the suit or proceeding, order all the witnesses, except the one under examination, to leave the court. This practice is believed to be coeval with judicature, having long been administered in the British Parliament, and the courts of both England and Scotland.…
2Cases cited4 opinions
- Campbell v. SpenceSupreme Court of Alabama · 1843
- Leavitt v. SmithSupreme Court of Alabama · 1844
- Dennis v. ChapmanSupreme Court of Alabama · 1851
- Harris v. DavisSupreme Court of Alabama · 1840
3Cited by28 opinions
- McGuff v. StateSupreme Court of Alabama · 1889
- Seaboard Air Line Railway v. SmithSupreme Court of Florida · 1907
- Teague v. StateSupreme Court of Alabama · 1944
- McClellan v. StateSupreme Court of Alabama · 1897
- Seaboard Air Line Railway v. ScarboroughSupreme Court of Florida · 1906
23 more not listed; retrieve them via the Exa API.