Sanders v. Stokes
Supreme Court of Alabama
Appeal from the Circuit Court of Perry. Tried before the Hon. Roeeet DouoheRTY. This action was brought by Marcus and Penolia Sanders, infants suing by their next friend, against "William W. Stokes, to recover damages for the conversion of several articles of personal property, which the plaintiffs claimed under a deed of gift from their grand-father, William Sanders, and which had been seized by the defendant, as sheriff of Perry county, under sundry executions against…
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Appeal from the Circuit Court of Perry. Tried before the Hon. Roeeet DouoheRTY. This action was brought by Marcus and Penolia Sanders, infants suing by their next friend, against "William W. Stokes, to recover damages for the conversion of several articles of personal property, which the plaintiffs claimed under a deed of gift from their grand-father, William Sanders, and which had been seized by the defendant, as sheriff of Perry county, under sundry executions against Sherrod Sanders, who was plaintiffs’ father. The deed under which plaintiffs claimed was executed in said county, in April,…
1Opinion of the Court
RICE, 0. J.
The distinction between the admissibility of evidence and its sufficiency, was lost sight of in the court below. However weak evidence maybe, if it is pertinent, and tends to establish a fact material to the case or defense, it is admissible. The question of its sufficiency is for the jury, under proper instructions from the court.- — -Smith v. Armstead, 7 Ala. 698; P. & M. Bank v. Borland, 5 ib. 531; Wallis v. Rhea, 10 ib. 451; Cuthbert v. Newell, 7 ib. 457; Bates v. Terrell, 7 ib. 129.
It is obvious from the bill of exceptions, that the fact of a sale, by Sherrod Sanders to…
2Cases cited4 opinions
- Caraway v. WallaceSupreme Court of Alabama · 1841
- Bates v. TerrellSupreme Court of Alabama · 1844
- Smith v. Armistead's Ex'rsSupreme Court of Alabama · 1845
- Adams v. DavisSupreme Court of Alabama · 1849
3Cited by6 opinions
- Atlanta & St. Andrews Bay Railway Co. v. FowlerSupreme Court of Alabama · 1915
- Farmers' Mut. Ins. v. StewartSupreme Court of Alabama · 1914
- Gunn v. ClendeninSupreme Court of Alabama · 1880
- Phinney v. HoltSupreme Judicial Court of Maine · 1862
- In re WatsonDistrict Court, D. Vermont · 1882
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