36 Ala. 80 | Ala. | 1860
"We deem it unnecessary to announce any opinion on the various rulings of the circuit court, in reference to the deposition of Mr. Glasscock. The whole purpose and effect of that denosition was to prove a sin gle fact — namely, that Mrs. Nancy Bishop had, herself, and in her own name, purchased from the government the land on which the alleged trespass was committed. This fact had been proved by the plaintiff, before the deposition of Mr. Glasscock was offered by the defendant. The bill of .exceptions states the order in which the evidence was adduced. The language is, “ The plaintiff first proved that Nancy Bishop entered the land with funds of the estate, and in her own name.” The testimony, then, tending, as it did, only to prove a fact which had been previously proved by the plaintiff, could not have injured the plaintiff. — Shep. Dig. 568, § 90.
The charges asked and refused are in conflict with these views, and the court did not err in refusing to give them. The affirmative charge given could not possibly affect the plaintiff prejudicially.
Judgment of the circuit court affirmed.