Hall v. Dargan
Supreme Court of Alabama
WRIT of error to the Circuit Court of Autauga. Claim of property under the statute. The proceedings which appear in the transcript of the record, are— 1. An execution at the suit of E. S. Dargan against Dixon Hall, with the return of the sheriff of a levy on certain slaves thereon named, and the further return that the same were claimed by William S. Hall, and bond given to try the right. 2. The affidavit of William S. Hall, asserting that the slaves levied on by virtue of…
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WRIT of error to the Circuit Court of Autauga. Claim of property under the statute. The proceedings which appear in the transcript of the record, are— 1. An execution at the suit of E. S. Dargan against Dixon Hall, with the return of the sheriff of a levy on certain slaves thereon named, and the further return that the same were claimed by William S. Hall, and bond given to try the right. 2. The affidavit of William S. Hall, asserting that the slaves levied on by virtue of Dargan’s execution, as the property of Dixon Hall, was the affiants own right and property, as trustee, &c. and not the…
1Opinion of the Court
GOLDTHWAITE, J. —
The omission of a formal issue is not a matter which ought to cause a reversal of a judgment in any case, but the more especially in this, where only one and that a prescribed issue could be tried by the jury. [Digest, 168, §45.] In Abercrombie v. Moseley, [9 Porter. 145,] when speaking of a similar omission, we say “it is always within the power of the plaintiff or defendant to require the pleadings to be in the regular form, and they can respectively claim judgments of default or non pross if the regular steps are omitted. With this *699right completely in their power on the…
2Cited by3 opinions
- Gray v. RaibornSupreme Court of Alabama · 1875
- Mooney v. ParkerSupreme Court of Alabama · 1851
- Hodges v. Br. Bank at MontgomerySupreme Court of Alabama · 1848