Legal Opinion

Blackburn v. Minter

Supreme Court of Alabama

Decided January 15, 1853PublishedCited by 7 opinions

ERROR to the Circuit Court of Jefferson. Tried before the Hon. Geo. D. Shortridge. This was an action of trespass vi et armis, by Blackburn against Minter. The record in the case shows, that the parties went to trial upon issue joined. The plaintiff introduced evidence conducing to make out his case, and rested.

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ERROR to the Circuit Court of Jefferson. Tried before the Hon. Geo. D. Shortridge. This was an action of trespass vi et armis, by Blackburn against Minter. The record in the case shows, that the parties went to trial upon issue joined. The plaintiff introduced evidence conducing to make out his case, and rested. The defendant then introduced the record of an indictment, to show that he had been indicted, and that the prosecution was still pending against him, for an assault and battery, with an intent to commit murder, on the person of the plaintiff; and also parol evidence, to show that this…

1Opinion of the CourtPhelan, J.

The construction heretofore put upon the statute allowing a plaintiff to take a non-suit, and have any question of law that may be ruled against him reviewed in that way, (Acts of 1845-46, p. 35,) is adverse to the limited view of its operation urged upon us by defendant in error, in support of his motion to dismiss. We prefer to follow the construction and practice hitherto adopted, and therefore refuse the motion to dismiss the writ of error. See Shields v. Byrd, 15 Ala. 818; Tate v. McCrary, 21 ib. 499; Duncan v. Hargrove, 22 ib.

The right of the defendant below to show, in defence of the…

2Cases cited2 opinions

  1. Shields v. ByrdSupreme Court of Alabama · 1849
  2. Morgan v. RhodesSupreme Court of Alabama · 1827

3Cited by7 opinions

  1. Martin's v. MartinSupreme Court of Alabama · 1854
  2. Bell's Adm'r v. TroySupreme Court of Alabama · 1859
  3. Priebe v. Southern Railway Co.Supreme Court of Alabama · 1914
  4. Harris v. HarrisSupreme Court of Alabama · 1924
  5. Downs v. MinchewSupreme Court of Alabama · 1857

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