Andrews & Bro's v. Jones
Supreme Court of Alabama
Writ of Error to the Circuit Court of Dallas. This was the trial of the right of property under the statute. The plaintiffs in error caused a fieri facias to be issued in 1842, on a judgment recovered by them in the circuit court of Dallas, against the goods and chattels, &c. of John Y. F. Walker, for the sum of $14,177 78. This,/?. fa. being placed in the hands of the sheriff, was levied by him on sundry slaves as the property of the defendant therein, and the defendant in…
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Writ of Error to the Circuit Court of Dallas. This was the trial of the right of property under the statute. The plaintiffs in error caused a fieri facias to be issued in 1842, on a judgment recovered by them in the circuit court of Dallas, against the goods and chattels, &c. of John Y. F. Walker, for the sum of $14,177 78. This,/?. fa. being placed in the hands of the sheriff, was levied by him on sundry slaves as the property of the defendant therein, and the defendant in error interposed a claim to the same in due form of law. An issue being made up, to try the right, the cause was…
1Opinion of the CourtCollier, C. J.
The belief of the witness, A. S. Jones, that the claimant or her daughter had no other property than •they acquired from the estate of S. Jones, deceased, was rightly excluded. It has been repeatedly ruled by this court •that the mere belief or opinion of a witness is not evidence, but he must state the facts and circumstances upon which he rests his opinion, or from which he draws his conclusion, *471that the jury may understanding^ decide for themselves. [4 Ala. Rep. 48; 5 Id. 531.] Conceding that the witness was the executor of the estate of his father, and his belief of what the claimant and…
2Cases cited2 opinions
- Paysant v. WareSupreme Court of Alabama · 1840
- Harding v. MerrickSupreme Court of Alabama · 1841
3Cited by5 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- Johnson & Co. v. SpaightSupreme Court of Alabama · 1848
- Tanneyhill v. BennettSupreme Court of Alabama · 1920
- Whitmore v. BowmanSupreme Court of Iowa · 1853
- Proctor v. ColeIndiana Supreme Court · 1885