Kimmey v. Calloway
52 Ala. 222
Ala.1875Check TreatmentOur 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.
Let the judgment be reversed and the cause remanded.