Public-domain · open source
OpenJurist

52 Ala. 222

Kimmey v. Calloway

Supreme Court of Alabama

Decided January 15, 1875

Supreme Court of Alabama · decided 1875-01-15

Tried before Hon. J. McGaleb Wiley. Kimmey sued Calloway to recover tbe price of six beef cattle which he alleged he had sold to him. The plaintiff opened his case and laid his evidence before the jury.

Decided 1875-01-15

JUDGE, J.

¶1Our 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.

¶2Let the judgment be reversed and the cause remanded.

/52/ala/222 · .json · Public domain