Reese v. Beck
Supreme Court of Alabama
Error to the Circuit Court of Talladega. Tried before the Hon. Robert Dougherty. Detinue for a slave, by Thomas K. Beckj as executor of Ephraim Pharr, deceased, against James T. Reese. The plaintiff proved a purchase of the slave by his testator, in 1845, at a sale by the trustee in a deed of trust executed by one Bushrod W. Bell; also, the defendant’s possession at the commencement of the suit, a demand and refusal, and the value of the slave and his hire.
Read the full summary
Error to the Circuit Court of Talladega. Tried before the Hon. Robert Dougherty. Detinue for a slave, by Thomas K. Beckj as executor of Ephraim Pharr, deceased, against James T. Reese. The plaintiff proved a purchase of the slave by his testator, in 1845, at a sale by the trustee in a deed of trust executed by one Bushrod W. Bell; also, the defendant’s possession at the commencement of the suit, a demand and refusal, and the value of the slave and his hire. The defendant then offered in evidence the deposition of one Isaac M. Thomas, taken on interrogatories, which the court, on motion of the…
1Opinion of the CourtLigon, J.
The errors assigned in this case relate, 1st, to the rejection of the deposition of the witness Thomas ; and, 2nd, to the charges given and refused by the court.
1. In relation to the deposition of Thomas, the plaintiff moved its suppression on the trial, for supposed irregularities in the dedimus, in the notice to the plaintiff, the affidavit to procure its issue, and the certificate of the commissioner who took it.
The first objection is founded on the manner in which the parties to the suit are stated in the dedimus. The style of the case is there set out, as “ Thomas K. Beck plaintiff, and…
2Cases cited7 opinions
- Milton v. RowlandSupreme Court of Alabama · 1847
- Jordan v. HazardSupreme Court of Alabama · 1846
- Evans v. Norris, Stodder & Co.Supreme Court of Alabama · 1840
- Jordan v. JordanSupreme Court of Alabama · 1850
- Colgin v. RedmanSupreme Court of Alabama · 1852
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bush v. StateSupreme Court of Arkansas · 1881
- Jarrell v. LillieSupreme Court of Alabama · 1866
- Ranney v. BarlowSupreme Court of the United States · 1884
- Brown v. NewmanSupreme Court of Alabama · 1880
- Waring & Son v. Grady'sSupreme Court of Alabama · 1873
3 more not listed; retrieve them via the Exa API.