Harrell v. Mitchell
Supreme Court of Alabama
Appeal from the Chancery Court of Dallas. Heard before Hon. Charles Turner. The original bill in this cause was filed by the appellee, John P. Mitchell, against the appellants, Gabriel H. Harrell, Whitmell F. Harrell, and W. H. Harrell, and sought to condemn certain lands, then in the possession of W. H. Harrell, to the payment of a note made by the said Whitmell F. and Gabriel H. Harrell, to one Mitchell, the testator of appellee, which note then belonged to appellee.
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Appeal from the Chancery Court of Dallas. Heard before Hon. Charles Turner. The original bill in this cause was filed by the appellee, John P. Mitchell, against the appellants, Gabriel H. Harrell, Whitmell F. Harrell, and W. H. Harrell, and sought to condemn certain lands, then in the possession of W. H. Harrell, to the payment of a note made by the said Whitmell F. and Gabriel H. Harrell, to one Mitchell, the testator of appellee, which note then belonged to appellee. The bill alleged that a judgment at law had been rendered in appellee’s favor on the note, on January 10th, 1872, and that…
1Opinion of the CourtBrickell, C. J.
A reexamination of a witness, after the evidence has been published, a hearing had, and final *277decree rendered, it is said by Chancellor KENT, was never permitted, “ merely to alter or correct testimony, after the cause has been heard and discussed, and decided upon the very matters of fact to which that testimony referred. It would be setting a most alarming precedent, and would shake the fundamental principles of evidence in this court.” — Gray v. Murray, 4 John. Ch. 415. In Johnston v. Glasscock, 2 Ala. 249, an application was made to this court to modify a decree of reversal, so that new…
2Cases cited4 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Hubbard v. AllenSupreme Court of Alabama · 1877
- Johnston v. GlasscockSupreme Court of Alabama · 1841
- Montgomery's Executors v. KirkseySupreme Court of Alabama · 1855
3Cited by37 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1883
- Pickett v. PipkinSupreme Court of Alabama · 1879
- London v. G. L. Anderson Brass WorksSupreme Court of Alabama · 1916
- McDonald v. PearsonSupreme Court of Alabama · 1896
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