Fralick v. Presley
Supreme Court of Alabama
Appeal from the Circuit Court of Autauga. Tried before the Hon. ANDREW B. Moore. This action was brought by Mary Averhart against John D. Fraliclc, to. recover a slave named Mack, together with damages for .his detention ; and the plaintiff having intermarried with John Presley pending the suit, her husband was made a party plaintiff with her.
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Appeal from the Circuit Court of Autauga. Tried before the Hon. ANDREW B. Moore. This action was brought by Mary Averhart against John D. Fraliclc, to. recover a slave named Mack, together with damages for .his detention ; and the plaintiff having intermarried with John Presley pending the suit, her husband was made a party plaintiff with her. The defendant pleaded, lst,-the general issue; 2d, the statute of limitations of six years ; 3d, that plaintiff had no title to the sfave ; and 4th, that the slave belonged to Thomas and Evans Averhart. On the trial, as appears from the bill of…
1Opinion of the CourtWalker, J.
This court decided, in the case of Kelly v. Brooks, 25 Ala. 523, that the party against whom a witness has been introduced and examined in chief, has a right to examine him “fully as to his knowledge touching any and all facts material to the case.” W0 think, the rule thus laid lown is sustained by principle and a preponderance of authority. Winston v. Moseley, 2 Stew. 137 ; Webster v. Lee, 5 Mass. 334 ; Merrill v. Berkshire, 11 Pick. 269; Jackson v. Varick, 7 Cowen, 238 ; Varick v. Jackson, 2 Wendell, 166 ; Pulton Bank v. Stafford, 2 Wendell, 438; Philadelphia and Trenton R. R. Co. v.…
2Cases cited13 opinions
- Philadelphia & Trenton Railroad v. StimpsonSupreme Court of the United States · 1840
- Webster v. LeeMassachusetts Supreme Judicial Court · 1809
- Miller v. Jones' AdministratorSupreme Court of Alabama · 1855
- Swift v. FitzhughSupreme Court of Alabama · 1839
- Varick & Bacon v. JacksonCourt for the Trial of Impeachments and Correction of Errors · 1828
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3Cited by10 opinions
- Roebke v. AndrewsWisconsin Supreme Court · 1870
- Madden v. StateAlabama Court of Appeals · 1959
- United States Fidelity & Guaranty Co. v. Yeilding Bros.Supreme Court of Alabama · 1932
- Byars v. JamesSupreme Court of Alabama · 1922
- Gandy v. HaglerSupreme Court of Alabama · 1944
5 more not listed; retrieve them via the Exa API.