Miller v. Jones' Adm'r
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hoe. Alex. MgKiNSLRY. This action was brought by the administrator of Isaae Jones, deceased, against Thomas P. Miller, to recocer a certain slave, which the defendant .claimed .under a purchase .at sheriff’s sale under.attachment -against Mrs. Julia Canfield, who was a daughter'of plaintiff’s intestate.
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Appeal from the City Court of Mobile. Tried before the Hoe. Alex. MgKiNSLRY. This action was brought by the administrator of Isaae Jones, deceased, against Thomas P. Miller, to recocer a certain slave, which the defendant .claimed .under a purchase .at sheriff’s sale under.attachment -against Mrs. Julia Canfield, who was a daughter'of plaintiff’s intestate. The .principal facts of the case may be found in the previous report .of it, 26 Ala. 247 ; while the additional facts, as they appear in the present record, are as follows : The defendant offered in evidence the deposition, of one'…
1Opinion of the CourtRice, C. J.
The charge of a court must be construed in connection with the evidence in the cause ; and if, when applied to that evidence, it is correct, although as a universal proposition it may be erroneous, it furnishes no ground for a reversal of the judgment. — McBride v. Thompson, 8 Ala. R. 650 ; Berry v. Hardman, 12 Ala. R. 604; Lockwood v. Nelson, 16 Ala. R. 294. Where the facts are clear and undisputed, the court may give the law of the case as applicable to them, without hypothesis. — Williams v. Shackelford, 16 Ala. R. 318. The correctness of the decision made by this court, in reversing a…
2Cases cited3 opinions
- Godwin v. McGeheeSupreme Court of Alabama · 1851
- Lillard v. WhitakerCourt of Appeals of Kentucky · 1813
- Traylor v. MarshallSupreme Court of Alabama · 1847
3Cited by19 opinions
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- Gilbreath v. JonesSupreme Court of Alabama · 1880
- Farley v. Alabama Terminal & Improvement Co.Supreme Court of Alabama · 1911
- Gwin v. Emerald Co.Supreme Court of Alabama · 1918
- Jones v. AndersonSupreme Court of Alabama · 1884
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