Thrash v. Bennett
Supreme Court of Alabama
Appeal from Circuit Court of Dallas. Tried before Hon. George H. CRAIG. The appellee, Armistead Bennett, brought his action of trover against the appellants, Thrash, Day, and Cochran, for the conversion of 4,714 pounds of seed cotton. Bennett and one Abies leased lands in Dallas county for-the year 1872. They then divided the land among themselves, and Bennett leased some forty acres of his portion to one Dennis Cochran, who agreed to cultivate the same that year.
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Appeal from Circuit Court of Dallas. Tried before Hon. George H. CRAIG. The appellee, Armistead Bennett, brought his action of trover against the appellants, Thrash, Day, and Cochran, for the conversion of 4,714 pounds of seed cotton. Bennett and one Abies leased lands in Dallas county for-the year 1872. They then divided the land among themselves, and Bennett leased some forty acres of his portion to one Dennis Cochran, who agreed to cultivate the same that year. Bennett furnished Cochran a mule, for the use of which he was to pay $25, and, pursuant to their contract, advanced about $100 in…
1Opinion of the CourtStone, J.
We propose to consider only the questions raised by the assignments of error.
' There was certainly no error in excluding from the jury evidence that twelve of the persons composing the grand jury at a certain term, were colored men, or freedmen. Such testimony could have shed no legitimate light on any question -raised by this record. The controlling matter of" contest was, whether the cotton belonged to Bennett, the plaintiff, or Thrash, one of the defendants. The tendency of the testimony offered, would have been to multiply the issues unduly, and to confuse the jury in their deliberations.…
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3Cited by13 opinions
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