Bivens v. Brown
Supreme Court of Alabama
'Appeal from the Circuit Court of Jefferson. Tried before the Hen. -Wi. S. Mudd. This action was commenced -in a justice’s court, and was founded on certain written articles of agreement, signed by tlie defendant and several other persons, in the following words: “ Articles of agreement, between the undersigned subscribers,- of the one part, and John II.
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'Appeal from the Circuit Court of Jefferson. Tried before the Hen. -Wi. S. Mudd. This action was commenced -in a justice’s court, and was founded on certain written articles of agreement, signed by tlie defendant and several other persons, in the following words: “ Articles of agreement, between the undersigned subscribers,- of the one part, and John II. Brown, teacher, of the other part, witnesseth, -that the said Brown proposes to teach an English school in township sixteen, range four, west, for the term of- eight months, (five days in each week, and four weeks to each month,) and will…
1Opinion of the CourtStone, J.
The issue in this case was, wliafc were the terms of the contract between Bivens and Brown ? The stipulations of another contract-, between Brown and some other portion of his school, could not legitimately shed any light on the question in issue in -this cause. This question. being foreign from the issue before the jury, it was not. competent-to contradict what the witness might say in regard to it, “ with the view and sole purpose of discrediting him.” — Blakey v. Blakey, 33 Ala. 621.; Ortez v. Jewett, 23 Ala. 662.
[2.] A party propounding interrogatories to his adversary, must make “…
2Cases cited3 opinions
- Blakey's Heirs v. Blakey'sSupreme Court of Alabama · 1859
- Ortez v. Jewett & Co.Supreme Court of Alabama · 1853
- Humphries v. BradfordSupreme Court of Alabama · 1858
3Cited by5 opinions
- Flinn v. BarberSupreme Court of Alabama · 1879
- Malloy v. StateSupreme Court of Alabama · 1923
- Nolan v. StateSupreme Court of Alabama · 1922
- Olive v. AdamsSupreme Court of Alabama · 1874
- Union Pac. Ry. Co. v. ReeseCourt of Appeals for the Ninth Circuit · 1893