Hicks v. Lawson
Supreme Court of Alabama
Appeal from tbe Circuit Court of Macon. Tried before tbe Hon. Eobeet Dougherty. This action was brought by John E. Lawson, against Henry H. Hicks, and was commenced on tbe 4th March* 1858. The trespass complained of was alleged to have been committed by the defendant, by entering on the plaintiff’s premises, on the night of 28th August, 1854, in company with several other persons, and shooting at the plaintiff through the windows of his house.
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Appeal from tbe Circuit Court of Macon. Tried before tbe Hon. Eobeet Dougherty. This action was brought by John E. Lawson, against Henry H. Hicks, and was commenced on tbe 4th March* 1858. The trespass complained of was alleged to have been committed by the defendant, by entering on the plaintiff’s premises, on the night of 28th August, 1854, in company with several other persons, and shooting at the plaintiff through the windows of his house. The record does not show what pleas were filed. The jury gave the plaintiff $10,000 damages. “Before entering on the trial,” as the bill of exceptions…
1Opinion of the CourtR. W. Walker, J.
[1.] The action of the court below in refusing to hear the evidence offered in Support of the motion to suppress the depositions of Hunter and Ramsey, and in overruling that motion, was, in substance and effect, a refusal to re-try, on the ground of newly discovered evidence, a motion to suppress depositions. The hearing a second time of a motion to suppress a deposition, is *a matter which must be left to the discretion of the court to which the application is made. It is like an application for a new trial, or for permission to file new pleas, or to renew any motion which is made in the…
2Cases cited5 opinions
- Campbell v. StateSupreme Court of Alabama · 1853
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1810
- Lawson v. StateSupreme Court of Alabama · 1852
- Bartee v. JamesSupreme Court of Alabama · 1858
- Johnson v. MarshallSupreme Court of Alabama · 1859
3Cited by6 opinions
- Daffron v. CrumpSupreme Court of Alabama · 1881
- Kennedy v. StateAlabama Court of Appeals · 1958
- Singleton v. CarmichaelCourt of Appeals of Texas · 1957
- American Pamcor, Inc. v. EvansSupreme Court of Alabama · 1972
- Perry v. JohnstonSupreme Court of Alabama · 1877
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