Legal Opinion

Bell v. Chambers

Supreme Court of Alabama

Decided January 15, 1863PublishedCited by 6 opinions

Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. This action was brought by John A. Chambers, against Thomas D. Bell and others, as owners of the steamboat J". M. Brown, to recover damages for the loss of a slave who was transported on the defendants’ said steamboat without the written authority of the plaintiff; and was commenced on the 30th July, 1860. The defendants pleaded “the general issue,” and issue was joined on that plea.

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Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. This action was brought by John A. Chambers, against Thomas D. Bell and others, as owners of the steamboat J". M. Brown, to recover damages for the loss of a slave who was transported on the defendants’ said steamboat without the written authority of the plaintiff; and was commenced on the 30th July, 1860. The defendants pleaded “the general issue,” and issue was joined on that plea. On the trial, as the bill of exceptions states, “for the purpose of proving the ownership of the said steamboat, the plaintiff offered…

1Opinion of the CourtStone, J.

We deem it unnecessary in this case to decide, whether or not the transcript from the registry of ownership in the probate court of Mobile, made on the re*664port and affidavit of Bell, was or was not evidence against the other defendants in the case. The defendant Bell was afterwards introduced by the plaintiff, as a witness against his co-defendants, and testified, that he was the agent of the owners, authorized to make the report and affidavit; and that the persons therein named were at the time the owners of the steamboat J. M. Brown. Hence, whether the evidence, when offered, was or was not…

2Cases cited3 opinions

  1. Gentry v. McMinnisCourt of Appeals of Kentucky · 1835
  2. Eaton v. KikemanSupreme Court of Alabama · 1859
  3. Gatliff's Adm'r v. RoseCourt of Appeals of Kentucky · 1848

3Cited by6 opinions

  1. Sprague v. TysonSupreme Court of Alabama · 1870
  2. Montgomery & West Point Railroad v. EdmondsSupreme Court of Alabama · 1868
  3. Barbour County v. HornSupreme Court of Alabama · 1872
  4. Anna McNally, Inc. v. ChapinAppellate Division of the Supreme Court of the State of New York · 1921
  5. In re FiteSupreme Court of Alabama · 1970

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