Buford v. Gould
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. O. W. Rapier. This action was brought by Horatio N. Gould, against Thomas Buford, to recover damages for a breach of warranty of the soundness of a slave, named Sarah, sold by defendant to plaintiff on the 31st August, 1857. The only plea was the general issue, “with leave to give any special matter in evidence.”
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Appeal from the Circuit Court of Mobile. Tried before the Hon. O. W. Rapier. This action was brought by Horatio N. Gould, against Thomas Buford, to recover damages for a breach of warranty of the soundness of a slave, named Sarah, sold by defendant to plaintiff on the 31st August, 1857. The only plea was the general issue, “with leave to give any special matter in evidence.” Before entering on the trial, as the bill of exceptions shows, the defendant moved the court to suppress the depositions of J. R. Weatherly^ Thomas Foster, and L. M. Foster, which had been taken by the plaintiff, “ on the…
1Opinion of the CourtStone, J.
The rule is settled in this State, that if the presiding judge rule erroneously, injury will be presumed, unless the bill of exceptions affirmatively shows that such error did in fact work no injury in the particular ease. — Shep. Dig. 568, § 83. If the circuit court erroneously refused to suppress the depositions of Dr. Weatherly and the two Fosters, there is nothing in this record which repels the idea of injury, or shows that the depositions were not relied on and read to the jury, — McCargo v. Crutcher, 27 Ala. 171; Donnell v. Jones, 17 Ala, 680; Shep. Dig. 568, §§ 87-8.
[2.] The…
2Cases cited4 opinions
- Stoudenmeier v. WilliamsonSupreme Court of Alabama · 1857
- Thrasher v. IngramSupreme Court of Alabama · 1858
- Marshall v. WoodSupreme Court of Alabama · 1849
- McCargo & Cordle v. CrutcherSupreme Court of Alabama · 1855
3Cited by9 opinions
- Goldsborough v. GableIllinois Supreme Court · 1892
- Callaway & Truitt v. GaySupreme Court of Alabama · 1904
- J. I. Case Plow Works v. Niles & Scott Co.Wisconsin Supreme Court · 1900
- Leslie v. SimsSupreme Court of Alabama · 1863
- Blackwell v. HamiltonSupreme Court of Alabama · 1872
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