Washington v. Cole
Supreme Court of Alabama
Wbit of Error to the Circuit Court of Tuskaloosa. This was an action of assumpsit at the suit of the defendant in error, against the plaintiff, for the breach of a parol warranty of a slave sold by the latter to the former, for the sum of five hundred and fifty-three dollars.
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Wbit of Error to the Circuit Court of Tuskaloosa. This was an action of assumpsit at the suit of the defendant in error, against the plaintiff, for the breach of a parol warranty of a slave sold by the latter to the former, for the sum of five hundred and fifty-three dollars. The cause was tried on the plea of non assumpsit, the jury returned a verdict for the plaintiff, for the sum of six hundred and eighty-one dollars and eighty nine cents, and a judgment was thereupon rendered. On the trial, the defendant excepted to the ruling of the court in the admission of a deposition of John Meek,…
1Opinion of the CourtCollier, C. J.
The opinion of a witness is not in general admissible — he must narrate facts. But on questions of science and some few others, persons of skill may speak, not only as to facts, but are allowed to give their opinions in evidence. [1 Phil. Ev. 290; Jefferson Ins. Co. v. Cotheal, 7 Wend. Rep. 78; Crowell v. Kirk, 3 Dev. Rep. 357; Ramadge v. Ryan, 9 Bing. Rep. 333; McNally’s Ey. 225 to 229.] In Morse v. The State, [6 Conn. Rep. 9,] a witness was permitted to testify that he thought a third person was a minor, between fourteen and seventeen years of age; but the appellate court held that the…
2Cases cited3 opinions
- Jefferson Insurance v. H. & D. Cotheal.New York Supreme Court · 1831
- Morse v. StateSupreme Court of Connecticut · 1825
- Towns v. AlfordSupreme Court of Alabama · 1841
3Cited by11 opinions
- City of Fort Wayne v. CoombsIndiana Supreme Court · 1886
- Braham v. StateSupreme Court of Alabama · 1904
- Wilkinson v. MoseleySupreme Court of Alabama · 1857
- Baldwin v. McClendonSupreme Court of Alabama · 1974
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1910
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