52 So. 896 | Ala. | 1910
Plaintiff, a corporation, being a nonresident, Messrs. Lowe & Tidwell became security for costs. Judgment having been rendered for the defendant, the court, without motion or judgment against the sureties, ordered that execution issue against them for costs. Appellant, who was plaintiff in the court below, assigns that order for error. There are two equally conclusive reasons why that assignment cannot be sustained in this court. For one, there is no judgment against the sureties to support an appeal, but only an improvident order which the court below will correct on application.—Dow Wire Works Co. v. Englehardt, 136 Ala. 608, 33 South. 817. For the other, appellant cannot be heard to complain of an order, however erroneous, which is not prejudicial to it.—Eslava v. Farley, 72 Ala. 214.
This suit was for the recovery of the contract price of the iron parts of two tram cars sold by the plaintiff to the defendant. Exceptions were reserved to several rulings excluding parts of the testimony of plaintiff’s witness Vvn to the effect that defendant had given no instructions as to how the tram cars were to be shipped, and that they had been shipped by rail and bill of lad
Appellant complains that the court admitted the letter dated February 22, 1905, and purporting to have been written by it, without sufficient proof of its authenticity. Some proof of genuineness was requisite, of course. The language of the letter abundantly indicated that it had been written in reply to defendant’s letter of two days before. But authentication by contents alone is insufficient. A rule permitting that would leave parties no safeguard against fabrication. Tbe authorities generally state that the receipt by due course of mail of a letter shown by its contents to be related to another of antecedent date and mailing is sufficient to warrant its introduction in evidence. Such was the case in White v. Tolliver, 110 Ala. 300, 20 South. 97. This rule depends upon the habitual accuracy and promtness of the mails, and th© fact that the tenor of tbe letter as a reply to an antecedent letter indicates a knowledge of the tenor of the antecedent. It is formu
If we have not misconceived the record, it shows that the contested questions were whether the wheels which were a part of the shipment were defective when they
We have said enough to indicate our views of those assignments of error which have been argued by counsel.
Reversed and remanded.