Kimmey v. Calloway

Supreme Court of Alabama

Kimmey v. Calloway

52 Ala. 222

CourtSupreme Court of Alabama

DecidedJanuary 15, 1875

StatusPublished

Cited by1 cases

This text of 52 Ala. 222 (Kimmey v. Calloway) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kimmey v. Calloway, 52 Ala. 222 (Ala. 1875).

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Opinion

JUDGE, J.

Our understanding of the evidence, as it is set out in the bill of exceptions, is that the declarations of the defendant were permissible as rebutting testimony. The court therefore had not the discretion to impose as a condition to their introduction, that the plaintiff should first examine the defendant as to whether he had ever had such a conversation.

Let the judgment be reversed and the cause remanded.

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JUDGE, J.

Our understanding of the evidence, as it is set out in the bill of exceptions, is that the declarations of the defendant were permissible as rebutting testimony. The court therefore had not the discretion to impose as a condition to their introduction, that the plaintiff should first examine the defendant as to whether he had ever had such a conversation.

Let the judgment be reversed and the cause remanded.

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Bluebook (online)

52 Ala. 222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kimmey-v-calloway-ala-1875.

Opinion

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