Reports of Cases Argued And Determined in the Supreme Court of ..., volume 149
Reports of Cases Argued And Determined in the Supreme Court of ..., volume 149
Alabama Supreme Court
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— Rogers v. Dcbardehhen, 97 Ala, 156; Cherry i\ The State, 68 Ala. 29; 1 Greenleaf, 103; Taylor on Evidence, 648; 16 Cyc. p. 1123 and 1130. A witness not a member of the fam- ily cannot tetsify at all as to the family reputation. — 16 Cyc. 1224 and 1233. It must affirmatively appear that the declarant actually knew the facts. — 16 Cyc. 1229. It is within the discretion of the nisi prius court to grant Digitized by Google 149.J OF ALABAMA. 341 . [Scheidegger, et al. v. Terrell.] or refuse a cont...inuance. — Humes v. O'Brieny 74 Ala. 78 ; Spann t\ Torhitt, 130 Ala. 541 ; Stephens v. The Stdte^ 138 Ala. 72; Kroell v. The State, 139 Ala. 11. SIMPSON, J.— This is an action of ejectment (under the statute) for the recovery of certain real estate, the plaintiffs claiming as the heirs of one Madeline Kron- enberg, wife of Edward Kronenberg. The point of con- tention is whether or not said Madeline Kronenberg is identified as the same person as Madeline Bitter, who left Switzerland years ago and came to the United States.
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