Southern Railway Co. v. Dickens
Southern Railway Co. v. Dickens
Opinion of the Court
The plaintiff having testified that the fencing destroyed belonged to him, it was the defendant’s right to discredit such evidence by proof of admissions made by the plaintiff tending to show that the
It is here for the first time insisted by the appellee that there was no offer to prove the execution of the written agreement, and that it was a copy — not the original agreement — and that, therefore, the court properly refused to admit it. When specific objections to proposed evidence are made, all others are waived. — 8 May-field’s Digest, p. 55, section 2742 1-2. If the objections argued here for the first time had been made on the trial, it is fair to presume that the defendant would have met them with supplementary evidence. At least, an opportunity would have been afforded it to do so.
It is unnecessary to consider the ground of error covering the refusal of the court to give the charge requested by the defendant/ as the evidence on another trial may be different. For the error pointed out, the judgment appealed from is reversed, and the cause is remanded.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.