McCargo & Cordle v. Crutcher
Supreme Court of Alabama
Appeal from the Circuit Court of Limestone. Tried before the Hon. George D. Shortridge. Assumpsit by Reuben Crutcher against the appellants, as partners, on a promissory note for $1681 68. The defendant Cordle, who alone defended the action, filed interrogatories under the statute to the plaintiff, touching the execution of the note declared on and other matters; and the plaintiff filed his answers thereto within the prescribed time.
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Appeal from the Circuit Court of Limestone. Tried before the Hon. George D. Shortridge. Assumpsit by Reuben Crutcher against the appellants, as partners, on a promissory note for $1681 68. The defendant Cordle, who alone defended the action, filed interrogatories under the statute to the plaintiff, touching the execution of the note declared on and other matters; and the plaintiff filed his answers thereto within the prescribed time. At the trial term, and before the trial of the cause commenced, the defendant (among other motions) moved the court to suppress the plaintiff's answer to the…
1Opinion of the CourtBice, J.
The court is not bound to admit any illegal evidence, nor is it bound to exclude any legal evidence. These two simple and undeniable propositions explain and reconcile many decisions of this court, which, without examination, may not appear to be founded on sound legal principles. Some of those decisions declare, that when a party moves to introduce evidence, part of which is legal, and part illegal, the court commits no error in overruling the motion. — Smith v. Zaner, 4 Ala. 99; Hiscox v. Hendree, at the present term. Others declare, that when a party moves to exclude evidence, part of…
2Cases cited4 opinions
- Gibson v. HatchettSupreme Court of Alabama · 1854
- Smith v. ZanerSupreme Court of Alabama · 1842
- Bilberry's Adm'r v. MobleySupreme Court of Alabama · 1852
- Hrabowski's Ex'rx v. Herbert, Daniel & Co.Supreme Court of Alabama · 1842
3Cited by7 opinions
- Callaway & Truitt v. GaySupreme Court of Alabama · 1904
- Robinson's Adm'rs v. Tipton's Adm'rSupreme Court of Alabama · 1858
- Sayre v. DurwoodSupreme Court of Alabama · 1859
- Buford v. GouldSupreme Court of Alabama · 1859
- Stettauer v. New York & Scranton Construction Co.New Jersey Court of Chancery · 1886
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