Patton v. Rambo
Supreme Court of Alabama
Error to the Circuit Court of Lowndes. Tried before the Hon. Robert Dougherty. This was an action of COVENANT, brought to recover damages for the false warranty of a slave, sold by the defendants to the plaintiff, on the first of April, 1850. It appeared, that the slave did ordinarily good work on the plantation of the plaintiff for several months after his purchase, and in May or June after the purchase, the plaintiff expressed himself better pleased with the boy than he…
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Error to the Circuit Court of Lowndes. Tried before the Hon. Robert Dougherty. This was an action of COVENANT, brought to recover damages for the false warranty of a slave, sold by the defendants to the plaintiff, on the first of April, 1850. It appeared, that the slave did ordinarily good work on the plantation of the plaintiff for several months after his purchase, and in May or June after the purchase, the plaintiff expressed himself better pleased with the boy than he bad expected he should be. But about August, the slave had an attack of fever, and was sick until winter. The plaintiff…
1Opinion of the Court
PARC-AN, C. J.'
The general rule. in reference to the question raised in this case is, that secondary evidence shall not be received in lieu of primary, unless the original or primary evidence cannot be produced; and when all the evidence is of a primary character, it must go to the jury, and cannot be excluded because more conclusive proof might have been offered. Greenl. Ev. Vol. 1 § 8; Tayloe v. Riggs, 1 Peters, 591; The United States v. Reyburn, 6 Peters, 352.
This rule the counsel for the plaintiff does not controvert, but he insists, that even when all the evidence, both that which might…
2Cases cited2 opinions
- Tayloe v. RiggsSupreme Court of the United States · 1828
- United States v. ReyburnSupreme Court of the United States · 1832
3Cited by12 opinions
- Jackson v. StateSupreme Court of Alabama · 1884
- Bates v. MorrisSupreme Court of Alabama · 1893
- Dotterer v. StateIndiana Supreme Court · 1909
- Bain v. StateSupreme Court of Alabama · 1878
- Brock v. StateSupreme Court of Alabama · 1898
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