Hall v. Lay
Supreme Court of Alabama
Writ of Error to the Circuit Court of Cherokee County. ActioN of detinue for seven slaves. The defendant pleaded non-detinet, and other pleas. Verdict for the defendant and judgment thereon. In the progress of the trial, a bill of exceptions was take by the plaintiff, which declares that several questions were made with respect to the admisison of the copy of the will of Mary Hall.
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Writ of Error to the Circuit Court of Cherokee County. ActioN of detinue for seven slaves. The defendant pleaded non-detinet, and other pleas. Verdict for the defendant and judgment thereon. In the progress of the trial, a bill of exceptions was take by the plaintiff, which declares that several questions were made with respect to the admisison of the copy of the will of Mary Hall. This copy is certified by one, who styles himself sole judge, and also clerk of one of the Courts of Ordinary of the State of South Carolina. A particular description of the certificate is unnecessary, as the Court…
1Opinion of the CourtGoldthwaite, J.
1. It is evident from the constitution of society, that the relation of guardian and ward, must have existed for ages beyond the written history of mankind; and from this, it would seem reasonable to infer, that there could not be much difficulty in ascertaining, at the present time, the precise rules by which this relation is to be governed. But this is so far from being easy, that there is no subject more involved in obscurity; when it becomes necessary to trace this relation a step beyond our statute books. Nor is it so alone with respect to guardian and ward ; in the more interesting…
2Cases cited2 opinions
- Oliver v. Newburyport InsuranceMassachusetts Supreme Judicial Court · 1807
- Huie v. NixonSupreme Court of Alabama · 1837
3Cited by4 opinions
- Alston v. AlstonSupreme Court of Alabama · 1859
- Pollard v. PollardSupreme Court of Alabama · 1922
- Wood v. WoodSupreme Court of Alabama · 1842
- Lang v. PettusSupreme Court of Alabama · 1847