Kimmey v. Calloway

Supreme Court of Alabama

Kimmey v. Calloway

52 Ala. 222

Supreme Court of Alabama·Decided January 15, 1875·Published·Cited by 1 cases

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.

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

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Opinion

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