Torry v. Krauss
Supreme Court of Alabama
Appeal from. Mobile Circuit Court. Heard before Hon. SaaCl B. Browne. Action by J. B. Torrey against D. Kraus. The court erred in permitting the witness to state that it took every cent of his income to support his family at the time the suit was instituted. This was a. conclusion.
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Appeal from. Mobile Circuit Court. Heard before Hon. SaaCl B. Browne. Action by J. B. Torrey against D. Kraus. The court erred in permitting the witness to state that it took every cent of his income to support his family at the time the suit was instituted. This was a. conclusion. The court erred in refusing to permit plaintiff to show what Krauss was receiving at the time of the trial.- — Feihleman'v. Manchester F. Am>. Go., 108 Ala. 198; L. & K. R. R. Go. v. Hurt, 101 Ala. 44. A party may ask his. own witness whether or not, on a former occasion he has made statements inconsistent with his…
1Opinion of the Court
DENSON, J. —
The plaintiff declared on a promissary note for $175, executed on the 18th day of October, 1899, by the defendant, payable to McMillan Bros., 90 days after date, which note, it is averred, was duly assigned to the plaintiff. The defendant pleaded, a discharge in bankruptcy in bar of the action. The plain*202tiff replied that after the defendant had been adjudged a bankrupt, and after being discharged, the defendant promised to pay the debt for which the suit was brought as soon as he became able, and averred in replication that “the defendant is now able to pay the debt.” Issue was…
2Cases cited6 opinions
- Bernhardt v. CurtisSupreme Court of Louisiana · 1902
- Allen & Co. v. FergusonSupreme Court of the United States · 1874
- Wolffe v. EberleinSupreme Court of Alabama · 1883
- Griel & Bro. v. SolomonSupreme Court of Alabama · 1886
- Griffin v. Bass Foundry & Machine Co.Supreme Court of Alabama · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Cunningham Hardware Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1923
- Houston v. SnyderMissouri Court of Appeals · 1969
- Hess v. CommissionerUnited States Tax Court · 1946
- Harvey v. BodmanSupreme Court of Alabama · 1925
- Robinson v. JacobiaSupreme Court of Kansas · 1924
9 more not listed; retrieve them via the Exa API.