'Appeal from the Circuit Court of Jefferson. Tried before the Hen. -Wi. S. Mudd. This action was commenced -in a justice’s court, and was founded on certain written articles of agreement, signed by tlie defendant and several other persons, in the following words: “ Articles of agreement, between the undersigned subscribers,- of the one part, and John II.
Good law ✅— No negative treatment on recordhow we know
Decided 1861-01-15
How this case has been cited
Cited by 5 later decisions — most recently April 1923
1 federal appellate · 4 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
¶1The issue in this case was, wliafc were the terms of the contract between Bivens and Brown ? The stipulations of another contract-, between Brown and some other portion of his school, could not legitimately shed any light on the question in issue in -this cause. This question. being foreign from the issue before the jury, it was not. competent-to contradict what the witness might say in regard to it, “ with the view and sole purpose of discrediting him.” — Blakey v. Blakey, 33 Ala. 621.; Ortez v. Jewett, 23 Ala. 662.
¶2[2.] A party propounding interrogatories to his adversary, must make “ affidavit that the answers thereto will be material- testimony for him in the cause.” — Code, % 2330. The record in this case does not disclose that such affidavit was made; an#. we can not presume its existen.ee, to put *425the circuit court in error. Hence, we will not inquire whether answers to the interrogatories would or would not have been material. — School Comm’rs v. Godwin, 30, Ala. 242 ; Humphreys v. Bradford, 32 Ala. 500.
