Miller v. Hampton
Supreme Court of Alabama
Appeal from the Circuit Court of Walker. Tried before the Hon. A. A. Coleman. This action was brought by J. W. Hampton, as the administrator ofMsrthi Miller, deceased,,against Lucius C. Miller and Matthew R. Miller, to recover several slaves j and was commenced on the 12th March, 1859-. The writ was exécuted by the sheriff, on the day of its date, on both of the defendants, who, on the same day, executed a delivery bond for the forthcoming of the slaves, which was approved…
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Appeal from the Circuit Court of Walker. Tried before the Hon. A. A. Coleman. This action was brought by J. W. Hampton, as the administrator ofMsrthi Miller, deceased,,against Lucius C. Miller and Matthew R. Miller, to recover several slaves j and was commenced on the 12th March, 1859-. The writ was exécuted by the sheriff, on the day of its date, on both of the defendants, who, on the same day, executed a delivery bond for the forthcoming of the slaves, which was approved by the sheriff on the 14th. March, and the. condition of which was in the following words t “Wliereas'-the above-named…
1Opinion of the CourtR. W. Walker, J.
1. The Code provides, that “charges moved for by either party, must be in writing; and must be given or refused in the 'terms in which they are written ; and it is the duty of the judge to write ‘given’ 'or ‘refused,’ as the case may be, on the document,, and sign his name thereto ; which thereby becomes a'parfr of the record, and may be taken by the jury with them on their retirement.” — Code, § 2355. Under this law, when a party asks a proper charge, he has the right to have it given in the terms in which it is asked ; and; in order that he may have the full benefit of it before the jury,…
2Cases cited5 opinions
- Munroe v. PritchettSupreme Court of Alabama · 1849
- Hunley v. HunleySupreme Court of Alabama · 1848
- Copeland v. CopelandSupreme Judicial Court of Maine · 1848
- McComb v. GilkeyMississippi Supreme Court · 1855
- Steele v. PutneySupreme Judicial Court of Maine · 1839
3Cited by22 opinions
- Ala. G. S. Railroad v. ArnoldSupreme Court of Alabama · 1886
- Beard v. RyanSupreme Court of Alabama · 1884
- Adler v. PinSupreme Court of Alabama · 1885
- Bolling v. FanninSupreme Court of Alabama · 1892
- Brown v. Arams Express Co.West Virginia Supreme Court · 1879
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