Willis & Co. v. Planters' & Merchants' Bank of Mobile
Supreme Court of Alabama
ERROR to the Circuit Court of Lowndes. Tried before the Hon. Nathan Cook. This was a trial of the right of property in certain slaves which had been levied on under an execution in favor of the P. & M. Bank of Mobile, and claimed by the plaintiffs in error. The jury found a verdict in favor of the Bank, and assessed the aggregate value of the slaves.
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ERROR to the Circuit Court of Lowndes. Tried before the Hon. Nathan Cook. This was a trial of the right of property in certain slaves which had been levied on under an execution in favor of the P. & M. Bank of Mobile, and claimed by the plaintiffs in error. The jury found a verdict in favor of the Bank, and assessed the aggregate value of the slaves. The plaintiff in error made a motion to set aside the judgment and for a new trial, upon which an order was made, “that said motion be granted upon the payment of all costs which have accrued in said cause from the commencement up to this day.” A…
1Opinion of the CourtChilton, J.
The first objection insisted on is, that the jury found the aggregate value of the slaves, instead of the separate value of each slave, as the statute requires. It is well settled, that if they had assessed no value, this would not have constituted an error of which the claimants could have availed themselves.—Hardy et al. v. Gascoignes & Holly, 6 Port. 447; Burnett, Wilroy & Co. v. Maxey, 9 ib. 410. That the jury have assessed the value in a manner not recognized by the statute, cannot place the plaintiff in execution in a worse condition than if they had assessed no value, and the most that…
2Cases cited5 opinions
- Stephenson v. MansonySupreme Court of Alabama · 1842
- Reese v. BillingSupreme Court of Alabama · 1846
- Walker v. HaleSupreme Court of Alabama · 1849
- Hardy v. GascoignesSupreme Court of Alabama · 1838
- Lee v. BryanSupreme Court of Alabama · 1842
3Cited by7 opinions
- Ex parte LoweSupreme Court of Alabama · 1852
- Town v. GuerguinTexas Supreme Court · 1900
- Ex parte BeaversSupreme Court of Alabama · 1859
- Ex Parte SmithSupreme Court of Alabama · 1934
- Ex parte JonesSupreme Court of Alabama · 1860
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