Hughes v. Parker
Supreme Court of Alabama
Error from the Circuit Court of Tuscaloosa County — Before the Hon. A. Crenshaw. Trover for the conversion of seven clocks. The points involved in the decision of this case, came before the court on a bill of exceptions, which sufficiently explains its nature.
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Error from the Circuit Court of Tuscaloosa County — Before the Hon. A. Crenshaw. Trover for the conversion of seven clocks. The points involved in the decision of this case, came before the court on a bill of exceptions, which sufficiently explains its nature. On the trial, the defendant, by his counsel, moved the court to instruct the jury, that if a general agent sell the property of his principal, (there being some evidence that the principal was known, and some that he was not) in discharge of his own debt previously contracted, such sale vested the. property sold in the purchasing…
1Opinion of the Court
By Mr. Chief Justice LlFSCOMB :
The bill of exceptions in this case, shows tfekt the court: refused to charge the jury, as requested by the counsel for Hughes, who was defendant in the court below. The record does not show any connection between the charge prayed and the issue. It appears that the Judge was ashed to respond to an abstract question of law, having no relation to the facts' in the case then on trial. In the case of Wilson vs. Jackson,a and Keith vs. Patton,b it was decided, that the record must show the relevancy of the charge p’rayed, to the issue. A decision pn an abstract…
2Cited by3 opinions
- Russell v. Erwin's Adm'rSupreme Court of Alabama · 1861
- Etheridge v. Doe ex dem. MalempreSupreme Court of Alabama · 1851
- Taylor v. MorrisonSupreme Court of Alabama · 1855