Hogan v. Alston
Supreme Court of Alabama
Error to the County Court of Marengo. This was an action of assumpsit at the suit of the plaintiff in error, to recover of the defendant damages for medicines, medical services, labour and attendance in and about the defendant, his family and servants, at his request From a bill of exceptions sealed at the trial, it appears that the defendant had failed to answer certain interrogatories intended to elicit evidence to be used on the trial at law against him ; further, that…
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Error to the County Court of Marengo. This was an action of assumpsit at the suit of the plaintiff in error, to recover of the defendant damages for medicines, medical services, labour and attendance in and about the defendant, his family and servants, at his request From a bill of exceptions sealed at the trial, it appears that the defendant had failed to answer certain interrogatories intended to elicit evidence to be used on the trial at law against him ; further, that for such failure a rule for an attachment had been entered against him. To this rule, the defendant appeared and answered…
1Opinion of the CourtCollier, C. J.
In respect to the rule for an attachment, the propriety of its discharge is not a question that can be *629revised on error. It did not enter into, or in any manner influence the judgment of the County Court. Whether testimony is admissible, or a witness competent, are questions which regularly arise in the progress of a trial, and a decision either one way or the other, often determines the judgment of the court, consequently an error in such cases most usually furnishes a ground for the reversal of the judgment. But a rule for an attachment against a party, or a witness, is a proceeding…
2Cases cited3 opinions
- Pharr v. BachelorSupreme Court of Alabama · 1841
- Lawson v. Townes, Oliver & Co.Supreme Court of Alabama · 1841
- Alston v. GravesSupreme Court of Alabama · 1844
3Cited by3 opinions
- Ex parte DickensSupreme Court of Alabama · 1909
- Robertson v. StateAlabama Court of Appeals · 1924
- Jones v. Kendrick Realty Co.Supreme Court of Alabama · 1971