34 Ala. 538 | Ala. | 1859
It is contended for appellee, that the ju3| ment in this ease must be affirmed, because he had, by his i>lea, put in issue the question whether the plaintiff was the administrator of John A. Bell; and that the bill of exceptions, which sets out all the evidence, does not show that he was such administrator. The argument is, that the court rightly instructed the jury, if they believed the evidence, to find for the defendant, because a link, indispensable to plaintiff's chain of evidence, was wanting. Without mentioning any other, there is one com-
Reversed and remanded.