7 Ala. 574 | Ala. | 1845
— The general rule in relation to evidence of character, is thus stated, by bjhr&reenleaf, in his late work on evidence: “ In civil cases,- suóh evidence is not admitted, unless the nature of the action involves the general character of the party, or goes dir.ectly to affect itand he seems to consider the action of slander as presenting no exception to this rule, so far as the plaintiff is concerned, for he says, “whether evidence impeaching the plaintiff’s previous general character is admissible, as affecting the question of damages, is a point which has been much controverted, but the weight of authority is in favor of admitting such evidence. [Greenl. on Ev. 61, §§ 54, 55.] Starkie states the rule in terms not very dissimilar, and after citing the case of King v. Waring, 5 Esp.
Under the influence of the cases cited, we consider that the character of the plaintiff is not placed in issue until it is attacked by the defendant, either by plea upon the record, or by evidence at the trial.
From this it results that the Circuit Court erred in admitting the evidence at the stage of the trial when it was offered.
Judgment reversed and cause remanded.