27 Ala. 574 | Ala. | 1855
“However technical rules are to be attended :fco, and in some cases cannot bo dispensed with, yet, in administering justice, wo must not lose sight of common sense; .and the common sense of this case will not be found to militate -against any rule of law.” — Rawson v. Johnson, 1 East’s Rep. 204.
No doubt can be entertained, that under the evidence disclosed in the record, the charge as asked by the appellant should have been given. — Tucker v. Woods, 12 Johns. R. 190; Judson v. Wass, 11 ib. 525; Wadlington v. Hill, 10 Smedes & Marsh. E. 560; Bank of Columbia v. Hagner, 1
For the error of the court below in refusing- the charge as asked, the judgment is reversed, and the cause remanded.