14 Ala. 552 | Ala. | 1848
In Towns v. Riddle, 2 Ala. Rep. 694, the defendant was allowed to introduce proof after the rebutting evidence was closed- This court said the action of the circuit court in admitting the proof, was not the subject of revision, because the course of trial is entirely within the discretion of the circuit court, and because it is impossible for the revising court to determine whether the particular proceeding complained of was calculated to advance or defeat the purposes of justice. The matter is within the discretion of the court, to be .exercised for the advancement of the justice of the particular case, and is not revisable on error. The cases referred to by the counsel do not hold a different doctrine. In the People v. Mather, 4 Wend. Rep. 229, it was held to be within the discretion of the court trying the cause, whether or not to permit the re-examination of a witness after the lapse of a day, and after other witnesses have testified. So in Law v. Merrills, 6 Wend. 268, a witness was proposed for re-examination, to prove usury, after the testimony had closed, and the judge was summing up the evidence. Held, that
There is no error in the record, and the judgment is affirmed.