Clement v. Cureton
Supreme Court of Alabama
Appeal from the Circuit Court of Greene. Tried before the Hon. Vm. S. Mudd. This action was brought by John T. Cureton, against Elizabeth "W. Clement, to recover damages for a breach of warranty of the soundness of a slave, a negro man named Burrell.
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Appeal from the Circuit Court of Greene. Tried before the Hon. Vm. S. Mudd. This action was brought by John T. Cureton, against Elizabeth "W. Clement, to recover damages for a breach of warranty of the soundness of a slave, a negro man named Burrell. The defendant pleaded, the general issue, with leave to give in evidence any special matter of •defense; and also two special pleas, each averring, in substance, that the consideration of the sale of the slave Burrell, by the defendant to the plaintiff, was. the sale of another slave, Louisa by name, by the plaintiff to the ■defendant; that the…
1Opinion of the CourtStone, J.
A portion of the answer of the witness McLain, to the 7th interrogatory in chief, was stricken out on motion, made for the first time during the trial. The argument here made in support of the ruling of the court is, that the answer was not responsive to the interrogatory. When the answer of a witness is, as in this case, legal evidence, and the only objection is that it is not responsive to any interrogatory propounded, such objection can not be made during the trial. — McCreary v. Turk, 29 Ala. 244; Saltmarsh v. Bower, 34 ib. 613.
[2.] The question propounded to the witness Charles-on…
2Cases cited2 opinions
- McCreary v. TurkSupreme Court of Alabama · 1856
- Whetstone v. Bank at MontgomerySupreme Court of Alabama · 1846
3Cited by9 opinions
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- Richardson v. StateSupreme Court of Alabama · 1906
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