Legal Opinion

Hirschfelder v. Mitchell

Supreme Court of Alabama

Decided December 15, 1875PublishedCited by 16 opinions

Atpeal from Circuit Court of Conecuh. Tried before Hon. P. O. Harper. The appellee, Mitchell, brought this action against the appellant, Hirsehfelder, upon an order, as follows: “ Mr. Y. S. Hirsehfelder, you will please pay Mr. Thomas Mitchell one hundred and seventy-seven 40-100 dollars, and charge to account of ~W. M. Bradley”; upon which Hirsehfelder endorsed: “I obligate myself to pay the within order when the timber of W. M. Bradley is delivered at the ‘ferry pass,’…

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Atpeal from Circuit Court of Conecuh. Tried before Hon. P. O. Harper. The appellee, Mitchell, brought this action against the appellant, Hirsehfelder, upon an order, as follows: “ Mr. Y. S. Hirsehfelder, you will please pay Mr. Thomas Mitchell one hundred and seventy-seven 40-100 dollars, and charge to account of ~W. M. Bradley”; upon which Hirsehfelder endorsed: “I obligate myself to pay the within order when the timber of W. M. Bradley is delivered at the ‘ferry pass,’ according to contract. Y. S. Hirsehfelder.” The complaint averred that Bradley delivered the timber according to the…

1Opinion of the CourtManning, J.

Mitchell, tbe plaintiff below, and promisee in tbe instrument sued, being under cross-examination as a witness, was asked by the defendant’s counsel, to whom tbe instrument sued on belonged, and answered that it belonged to himself and his father. “ His attorney objected to the question and moved to exclude tbe answer. Tbe court sustained tbe objection to tbe question and excluded it; and tbe defendant excepted to tbe decision of tbe court excluding tbe question of tbe plaintiff,” (should it not be, of tbe defendant?) Tbe recital seems to-be particular in setting forth that tbe question only…

2Cases cited3 opinions

  1. Yerby v. SextonSupreme Court of Alabama · 1872
  2. Tempe v. StateSupreme Court of Alabama · 1867
  3. Broadhead v. JonesSupreme Court of Alabama · 1863

3Cited by16 opinions

  1. O'Bar v. Southern Life Health Ins. Co.Supreme Court of Alabama · 1936
  2. Hamilton v. BrowningSupreme Court of Alabama · 1952
  3. Roberts v. StateSupreme Court of Alabama · 1881
  4. Bibb v. Hall & FarleySupreme Court of Alabama · 1893
  5. Alabama City, G. & A. Ry. Co. v. KyleSupreme Court of Alabama · 1918

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