E. E. Yarbrough Turpentine Co. v. Taylor
Supreme Court of Alabama
Appeal from Circuit Court, Autauga County; Leon'McC.ord, Judge. Action by the E. E. Yarbrough Turpentine Company against Alice V. Taylor for damages for the institution and prosecution of an injunction suit. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Autauga County; Leon'McC.ord, Judge. Action by the E. E. Yarbrough Turpentine Company against Alice V. Taylor for damages for the institution and prosecution of an injunction suit. Judgment for plaintiff, and defendant appeals. Defendant, Mrs. Taylor, filed her bill in equity against E. E. Yarbrough and the Yarbrough Turpentine Company to enjoin them and their agents from entering upon certain lands (toi which they claimed to have a lease from complainant) and operating a turpentine business thereon. The bill alleged that said E. E. Yarbrough Turpentine Company was…
1Opinion of the Court
It is a rule of universal recognition that "the mere fact that testimony has been given in the course of a former proceeding between the parties to a case on trial is no ground for admitting it in evidence. The witness must be produced under such circumstances just as much as one testifying de novo. If for any reason, however, it is impossible to produce the witness and have him testify in the subsequent proceeding the rule may be otherwise." 10 R. C. L. § 143, p. 966; Wisdom v. Reeves, 110 Ala. 418, 18 So. 13; Long v. Davis, 18 Ala. 801; Smith v. Keyser, 115 Ala. 455, 22 So. 149. In Doe v.…
2Cases cited13 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Jordan v. Ala. Great So. R. R.Supreme Court of Alabama · 1886
- Baldridge v. EasonSupreme Court of Alabama · 1892
- Long v. DavisSupreme Court of Alabama · 1851
- Wisdom v. ReevesSupreme Court of Alabama · 1895
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Lester v. JacobsSupreme Court of Alabama · 1925
- Nelson v. LeeSupreme Court of Alabama · 1947
- Hines v. MiniardSupreme Court of Alabama · 1922
- Corona Coal & Iron Co. v. CallahanSupreme Court of Alabama · 1919
- Hooper v. StateSupreme Court of Alabama · 1990
6 more not listed; retrieve them via the Exa API.