# Bivens v. Brown

> Supreme Court of Alabama · January 15, 1861 · 37 Ala. 422

URL: https://www.frixlaw.com/law-library/cases/6506912

## Case

- **Full name:** BIVENS v. BROWN
- **Court:** Supreme Court of Alabama
- **Decided:** January 15, 1861
- **Citations:** 37 Ala. 422
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Stone
- **Judges:** Stone
- **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/6506912

## Opinion text

STONE, J.
The issue in this case was, wliafc were the terms of the contract between Bivens and Brown ? The stipulations of another contract-, between Brown and some other portion of his school, could not legitimately shed any light on the question in issue in -this cause. This question. being foreign from the issue before the jury, it was not. competent-to contradict what the witness might say in regard to it, “ with the view and sole purpose of discrediting him.” — Blakey v. Blakey, 33 Ala. 621.; Ortez v. Jewett, 23 Ala. 662 .
[2.] A party propounding interrogatories to his adversary, must make “ affidavit that the answers thereto will be material- testimony for him in the cause.” — Code, % 2330. The record in this case does not disclose that such affidavit was made; an#. we can not presume its existen.ee, to put *425 the circuit court in error. Hence, we will not inquire whether answers to the interrogatories would or would not have been material. — School Comm’rs v. Godwin, 30, Ala. 242 ; Humphreys v. Bradford, 32 Ala. 500.
Judgment affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6506912. Public record. Not legal advice.