Wittick v. Traun
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. ANDREW B. Moore. Detinue (under the Code) for sundry slaves. Several errors are assigned, which it is unnecessary to notice, as the main point argued by the counsel, (and the only one decided by the court,) was the action of the court below upon the eighth plea and the replications to it, and this plea is substantially set out in the opinion.
1Opinion of the Court
GOLDTHWAITB, J. —
In the present case, the controversy, by the agreement of counsel, is confined to the slave Ann, it being admitted that all the other slaves sued for have been received by Traun under a former recovery ; and the sole question as to Ann arises upon the action of the court below upon the eighth plea and the replications to it. This plea sets forth the entire record in a former action, brought by the appellant against the appellee, for certain slaves, one of which is described in the writ and declaration as “a slave named Ann.” The judgment entry recites the appearance of the…
2Cases cited1 opinion
- Cummings v. M'GeheeSupreme Court of Alabama · 1839
3Cited by10 opinions
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- Gulf American Fire and Casualty Co. v. JohnsonSupreme Court of Alabama · 1968
- Tankersly v. PettisSupreme Court of Alabama · 1881
- Durr v. JacksonSupreme Court of Alabama · 1877
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
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