Robinson v. Windham
Supreme Court of Alabama
Error to Tuskaloosa County court. Case for a false warranty. Defendant in error sued plaintiff in the County court of Tuskaloosa county, for the false warranty of a negro man.
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Error to Tuskaloosa County court. Case for a false warranty. Defendant in error sued plaintiff in the County court of Tuskaloosa county, for the false warranty of a negro man. To the declaration, plaintiff pleaded— 1. The general issue. 2. A special plea, that defendant and himself had exchanged negroes, and that defendant gave him a note for the difference in value of the negroes: — that he (plaintiff,) had sued defendant on the note, in which suit the matters now complained of were enquired into, and that the jury had rendered a verdict for the plaintiff in error on the note, and that the…
1Opinion of the CourtGoldthwaite, J.
The judgment of the County court, on the issue of law arising from the plaintiff’s demurrer to the defendant’s plea, involves an enquiry into a principle of the common law of very universal application, though from the manner in which .it is presented in this case, it may seem, on first impression, to be quite novel. It is clear, that when a party has once submitted his claim or defence to the investigation of a court and jury, and a decision has- been made on its merits, after a fair trial, satisfactory to those who are charged with the administration of the laws, he cannot be permitted…
2Cases cited4 opinions
- Phillips v. BericicNew York Supreme Court · 1819
- Miller v. CovertNew York Supreme Court · 1828
- Smith v. JonesNew York Supreme Court · 1818
- King v. FullerNew York Supreme Court · 1805
3Cited by5 opinions
- Chamberlain v. GaillardSupreme Court of Alabama · 1855
- Davidson v. ShipmanSupreme Court of Alabama · 1844
- Shannon & Co. v. McElroyAlabama Court of Appeals · 1911
- Gulling v. Washoe County BankNevada Supreme Court · 1907
- Wallace v. PeckSupreme Court of Alabama · 1848