Reports of Cases Argued And Determined in the Supreme Court of ..., volume 101
Reports of Cases Argued And Determined in the Supreme Court of ..., volume 101
Alabama Supreme Court
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The claimant assigned no special grounds of objection to this evidence. W. E. Bates, the husband of the claimant, and the defendant in the original suit, was present during the trial of the cause, but was not called as a witness by either par- ty and did not testify. Upon the introduction of all the evidence, the claim- ant requested the court to give, among others, the fol- lowing written charges : (5.) "The court charges the jury that the mere fact that claimant failed to introduce her husban...d as a witness in this case is not to be consid- ered by the jury as a circumstance against her, but it is a circumstance that can be considered by the jury for or against her as they may see fit under aU the evidence in the case. ,, (7.) "Even if the jury believe from the ev- idence that in making the conveyance to his wife, which was introduced and read to the jury, W. E. Bates in- tended to defraud his creditors this would not affect the claimant to the property so conveyed, unless she partici- pated in the fraud.' ' The court refused to give each of these charges, and the claimant duly excepted.
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