Bilberry's Adm'r v. Mobley
Supreme Court of Alabama
Eeeor to the Circuit Court of Dallas. Tried before tbe Hon. E. Pickens. This was a trial of tbe right of property to certain cotton, on which an execution bad been levied in favor of tbe defendant in error against Isam Bilberry, and which was claimed by Henry Bilberry, tbe intestate of tbe plaintiff in error.
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Eeeor to the Circuit Court of Dallas. Tried before tbe Hon. E. Pickens. This was a trial of tbe right of property to certain cotton, on which an execution bad been levied in favor of tbe defendant in error against Isam Bilberry, and which was claimed by Henry Bilberry, tbe intestate of tbe plaintiff in error. The bill of exceptions recites, that “ tbe plaintiff in execution made out a prima facie case, and tbe claimant defended, and made tbe issue doubtful by tbe proof; whereupon, tbe plaintiff introduced a witness to prove, against said Isam Bilberry, that, after tbe sale of said Isam…
1Opinion of the CourtGoldthwaite, J.
— The rule has been repeatedly recognized by this court, that, where evidence is prima facie irrelevant, the person offering the testimony must show how it could be made relevant, by connecting it with other facts which are proved, or by offering it in connection with other facts expected to be proved, Abney v. Kingsland, 10 Ala., 355, and cases there cited. The evidence set out in the bill of exceptions was prima facie irrelevant against the defendant below, unless proof had been made tending to connect the intestate, Henry Bilberry, with the fraud, or unless it was offered in connection…
2Cases cited2 opinions
- Abney v. Kingsland & Co.Supreme Court of Alabama · 1846
- Jones v. NorrisSupreme Court of Alabama · 1841
3Cited by5 opinions
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- Phillips v. StateAlabama Court of Appeals · 1912
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- Ashley's Adm'r v. RobinsonSupreme Court of Alabama · 1856
- Bryant v. HutchinsonSupreme Court of Alabama · 1857