# City of Birmingham v. Hudson

> Supreme Court of Alabama · October 30, 1930 · 222 Ala. 332

URL: https://www.frixlaw.com/law-library/cases/3230649

## Case

- **Full name:** City of Birmingham v. Hudson.
- **Court:** Supreme Court of Alabama
- **Decided:** October 30, 1930
- **Citations:** 222 Ala. 332; 132 So. 1; 1930 Ala. LEXIS 540
- **Precedential status:** Published
- **Opinion:** Addendum by Brown
- **Judges:** Brown, Anderson, Sayre, Thomas
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3230649

## Opinion text

On Rehearing.
BROWN, J.
During the examination of the witness Wiberg, after testifying that he was the custodian of the records of the public improvements department of the city of Birmingham, he was presented with the ledger sheets referred to in the original opinion, and was asked:
“What are these sheets that I hand you, •Mr. Wiberg?”
To which he answered:
“They constitute a lien for sewerage assessment against the property herein described.”
(Italics supplied.)
It has been suggested by counsel for appellant that this evidence was adduced without objection and is sufficient to justify the court in declaring a lien on the funds in the custody of the court. The statement is purely a conclusion of the witness, and, although it went-in without objection, the court was not bound to accept this unwarranted conclusion as evidence of the existence of a lien.
Application overruled.
ANDERSON, O. J., and SAYRE and THOMAS, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3230649. Public record. Not legal advice.