Pitts v. Burroughs
Supreme Court of Alabama
Weit of error to the Circuit Court of Perry. This was an action on the case by the plaintiff against the defendant, for wrongfully and maliciously suing out an attachment against him. The cause was tried on the plea of not guilty, and the jury returned a verdict for the defendant, on which judgment was rendered. On the trial, the plaintiff excepted to the ruling of the court.
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Weit of error to the Circuit Court of Perry. This was an action on the case by the plaintiff against the defendant, for wrongfully and maliciously suing out an attachment against him. The cause was tried on the plea of not guilty, and the jury returned a verdict for the defendant, on which judgment was rendered. On the trial, the plaintiff excepted to the ruling of the court. It appears from the bill of exceptions, that the defendant having shown the absence of the plaintiff from this State at the time when the attachment was sued out, the plaintiff'offered to prove, by common reputation in…
1Opinion of the CourtCollier, C. J.
It was not allowable to show, that at and previous to the time, the defendant caused his attachment to be *735issued, common reputation in the neighborhood in which the parties resided, supposed that the plaintiff had gone to Mississippi to visit his children. If it was material to show where the plaintiff was, and the object of his absence, the fact could be shown by proof more precise and satisfactory than mere report or rumor. The cases in which common reputation is admissible, are exceptions to the ordinary rules of evidence, and usually rest upon the .ground of necessity. Such proof is…
2Cited by15 opinions
- Burton v. StateSupreme Court of Alabama · 1896
- Davis v. StateSupreme Court of Alabama · 1914
- Maddox v. StateSupreme Court of Alabama · 1909
- Hayes v. StateCourt of Criminal Appeals of Alabama · 1980
- Vandiver & Co. v. WallerSupreme Court of Alabama · 1904
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