Woolsey & Sons v. Jones & Bro.
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before Hon. T. M. Arrington. This action was brought by appellants for the alleged conversion by appellees of cotton upon which appellants claimed to have a prior mortgage given by one Houser. The facts concerning these mortgages, and by whom the cotton was raised, and the question of usury, appear in the opinion.
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Appeal from the City Court of Montgomery. Tried before Hon. T. M. Arrington. This action was brought by appellants for the alleged conversion by appellees of cotton upon which appellants claimed to have a prior mortgage given by one Houser. The facts concerning these mortgages, and by whom the cotton was raised, and the question of usury, appear in the opinion. The court below gave, at the request of appellees, the following charges, to the giving of each of which appellants excepted: 1. “The statement introduced by the defendants as to what Houser would swear, if he was present, must be…
1Opinion of the CourtSomebyille, J.
The first Charge given by the court, at the request of the defendant, asserted that the statement *90introduced by tbe defendant, as to what tbe absent witness would have sworn, bad be been present, should be taken by tbe jury as if tbe witness were actually present, and bad testified in person to tbe facts before tbe jury. Tbis was unquestionably correct, and any other view of the law would practically nullify tbe 16th Rule of Practice relating to continuances in nisi prius causes. — Crawford v. The State, 44 Ala. 382.
2. Tbe two mortgages executed to tbe plaintiffs by Houser, in January and May…
2Cases cited8 opinions
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- Dozier v. MitchellSupreme Court of Alabama · 1880
- Uhlfelder & Co. v. Carter's Adm'rSupreme Court of Alabama · 1879
- LeGrand v. Eufaula National BankSupreme Court of Alabama · 1886
- McCall v. RogersSupreme Court of Alabama · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Commercial Credit Co. v. TarwaterSupreme Court of Alabama · 1926
- Gregory v. StateSupreme Court of Alabama · 1903
- Foreman v. NeedlesSupreme Court of Oklahoma · 1920
- Dudley v. Colonial Lumber Co.Supreme Court of Alabama · 1931
- Coosa Portland Cement Co. v. CrankfieldSupreme Court of Alabama · 1918
14 more not listed; retrieve them via the Exa API.