Tally v. Cross
Supreme Court of Alabama
Appeal from Jackson Circuit Court. Tried before Hon. Jas. A. Bilbro. W. J. Tally and others as executors recovered a judgment against Clark Cross. New trial was granted on the ground that the court committed error in excluding the evidence of an expert witness to the effect that two papers before the court were written at the same time. Plaintiffs appealed. from the judgment granting new trial.
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Appeal from Jackson Circuit Court. Tried before Hon. Jas. A. Bilbro. W. J. Tally and others as executors recovered a judgment against Clark Cross. New trial was granted on the ground that the court committed error in excluding the evidence of an expert witness to the effect that two papers before the court were written at the same time. Plaintiffs appealed. from the judgment granting new trial. Cheney v. Dundas, 20 Neb. 265; Lockett v. Spencer, 29 Barb. 180; Ellingtoood v. Bragg, 52 N. H. 488; Phoenix Ins. Co. v. Phillips, 15 Wend. 81. cited, Fulton v. Hood, 34 Pa. St. 355; Reese v. Reese, 90…
1Opinion of the CourtTyson, J.
— The appeal in this case is prosecuted from a judgment granting a new trial. The sole question presented is Avhether it is competent for a witness as an expert to state that in his opinion two papers were Avritten at the same time. It was on account of the refusal of the trial judge to permit this to be done, that a new trial Avas granted. If he committed an error in not admitting the testimony offered, then he rightly granted the motion.
*568In Glover v. Gentry, 104 Ala. 222, this court sustained the ruling of the lower court in permitting, a witness to state that in his judgment the words…
2Cases cited11 opinions
- Moon's Adm'r v. CrowderSupreme Court of Alabama · 1882
- Vinton v. PeckMichigan Supreme Court · 1866
- Miles v. . LoomisNew York Court of Appeals · 1878
- Dubois v. . BakerNew York Court of Appeals · 1864
- Loftin v. Citizens National BankIndiana Supreme Court · 1882
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3Cited by2 opinions
- Wall v. StateAlabama Court of Appeals · 1911
- State v. SmailsWashington Supreme Court · 1911