Spann v. Torbert
| Decision Date | 29 May 1901 |
| Citation | 130 Ala. 541,30 So. 389 |
| Parties | SPANN v. TORBERT. |
| Court | Alabama Supreme Court |
Appeal from circuit court, Geneva county; John P. Hubbard, Judge.
Action by C. C. Torbert against J. W. Spann. Judgment for plaintiff. Defendant appeals. Affirmed.
When the case was called for trial, and after the plaintiff had announced ready, counsel for the defendant stated that the defendant was sick, and he thereupon moved for a continuance for the term. This motion was resisted by the plaintiff, who stated that the defendant had the case continued at the last term; that he had seen the defendant the evening before walking on the street, and that he did not appear to be sick but seemed to be drinking. The court declined to continue the case for the term, but stated that he would continue it until the next day, which was Wednesday. When the case was called on Wednesday, counsel for the defendant stated that his client was still sick and unable to attend court, and introduced a physician, who testified that he had called to see the defendant, and found him suffering some pain, had administered medicine to him, which he thought would give him relief, and that he did not consider the defendant as being unable to attend court. The court overruled the motion made by the attorney for the defendant for a continuance for the term, but continued the case until the following day. On the next day, when the case was called, the defendant was absent and his attorney renewed his motion for a contiuuance for the term, and again introduced the physician who had been in attendance upon the defendant. The physician testified that after the court adjourned on the day before, he again visited the defendant, and found him suffering more than he was the day of his previous visit; that he gave the defendant such medicine as was necessary. It was shown by the plaintiff that the defendant had gotten up and gone to his home 4 or 5 miles in the country. Thereupon the court overruled the motion for a continuance, and compelled the defendant's attorney to go to trial. To this ruling the defendant duly excepted. Motion was then made by the defendant to make Fannie O Treadwell a party defendant. The ground of this motion is not set out in the bill of exceptions. The court overruled the motion, and the defendant duly excepted. Fannie O. Treadwell then made application to the court to be made a party defendant, but neither this application, nor the ground therefor is shown in the bill of exceptions. The court overruled this application, and the defendant duly excepted. The evidence showed that the plaintiff rented to the defendant a tract of land for the years 1896 and 1897 for $125 rental for each year; that the plaintiff declined to rent the land to the defendant in 1898, but made written demand upon him to surrender possession thereof, that the defendant declined to surrender possession, stating that the land had been rented from Mrs. Treadwell for the year 1898. It was shown that the land which the defendant had rented from the plaintiff for the years 1896...
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Jarvis v. State
...Lumber Co., 196 Ala. 362, 71 So. 989; White v. State, 86 Ala. 69, 5 So. 674; Kelly v. State, 160 Ala. 48, 49, 49 So. 535; Spann v. Torbert, 130 Ala. 541, 30 So. 389. controlling decisions have been stated in McLaughlin v. Beyers, 175 Ala. 544, 57 So. 716, as follows: "It was formerly held b......
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In re Estate of Smith
... ... to which it is claimed he will testify are admitted. 13 C.J ... 141, 196, note 77; Spann v. Torbert, 130 Ala. 541, ... 30 So. 389; Ausley v. Cummings, 145 Ga. 750, 89 S.E ... 1071; Conrad v. Dobmier, 67 N.W. 5 ... ...
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McLaughlin v. Beyers
...will not be reviewed on appeal, except in a case where it is shown that the court has abused the discretion vested in it." Spann v. Torbert, 130 Ala. 541, 30 So. 389. later it has been declared that the action of the trial court will not be revised on appeal unless a gross abuse of the disc......