Walker v. Blassingame

Citations

• 17 Ala. 810

Syllabus

<p>1. Where objection is made to the admission of evidence on specific grounds ' stated by the party, this„court -will only examine those, to which the af- ■ tention of the primary court was directed.</p> <p>2. The circumstance that a witness, who is called to testify to the declarations of another, cannot state the precise time or place, or the names of the persons present, goes only to his credibility, and not to the admissibility of the testimony.</p> <p>3. The declarations of a party in possession are not admissible evidence to disprove a title claimed under him ; as, that he had not given and did not intend to give the property to the person, against whom the declarations are offered. ’ ‘</p> <p>4. The power to grant or refuse a new trial is one of pure discretion with ^ the primary court, and it may, in the exercise of that discretion, impose jerms on the party, in whose favcr the verdict is rendered, as a condition upon which a new trial will be refused.</p>