Lewis v. Hudmon & Brother

Supreme Court of Alabama

Lewis v. Hudmon & Brother

56 Ala. 186

CourtSupreme Court of Alabama

DecidedDecember 15, 1876

StatusPublished

Cited by1 cases

This text of 56 Ala. 186 (Lewis v. Hudmon & Brother) 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

Lewis v. Hudmon & Brother, 56 Ala. 186 (Ala. 1876).

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Opinion

MANNING, J.

The application for the policy was the higüest and best evidence of the kind of polic]/ the defendant applied for; and no other was admissible, if that could be produced. But it was not introduced, nor was any excuse offered for not having it present. If, as is probable, the application was in the possession of the company, some endeavor should have been made, by notice or otherwise, to have it brought before the court. This was not done, and the court below did not err in ruling out the secondary evidence.

The judgment must be affirmed.

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MANNING, J.

The application for the policy was the higüest and best evidence of the kind of polic]/ the defendant applied for; and no other was admissible, if that could be produced. But it was not introduced, nor was any excuse offered for not having it present. If, as is probable, the application was in the possession of the company, some endeavor should have been made, by notice or otherwise, to have it brought before the court. This was not done, and the court below did not err in ruling out the secondary evidence.

The judgment must be affirmed.

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Bluebook (online)

56 Ala. 186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-hudmon-brother-ala-1876.

Opinion

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