69 So. 304 | Ala. Ct. App. | 1915
No proof was offered by the defendants, but they rely on the proof afforded by the record and proceedings of the chancery court offered in evidence, showing that Lovelace and Young are only sureties on the injunction bond, and that F. A. Salmon was the complainant. While they were not parties to the injunction suit in the strict sense, they aided the complainant to procure the injunction and cause it to be served on the plaintiff, and are estopped -to deny the fact of its issuance and service and the recitals in the bond sued on. — Persons v. Thornton, supra. This disproves, rather than proves, their individual pleas, and justified the refusal of the charge.—United States v. Wilson, 28 Fed. Cas. 699, 710;
This question did not call for testimony patently illegal or irrelevant, and no duty rested upon the trial court to cast about for reasons in the mind of objecting counsel.—Sanders v. Knox, 57 Ala. 80; Bates v. Morris, 101 Ala. 284, 13 South. 138; Circuit Court Rule 33 (Code vol. 2, p. 1527).
We find no error in the record, and the judgment of the circuit court is affirmed.
Affirmed.