Bryant v. Ingraham
Supreme Court of Alabama
Error to the Circuit Court of Tallapoosa. Tried before tlie ITon. Geo. W. Stone. ' Detinue for a slave by plaintiff against defendant in error. The plaintiff examined a witness, who testified that in the latter part of the year 1844, he heard one Hardy Jones, at that time the owner of the slavej say, that he had given the slave to plaintiff, and hired her from him at $5 per month until his crop was gathered.
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Error to the Circuit Court of Tallapoosa. Tried before tlie ITon. Geo. W. Stone. ' Detinue for a slave by plaintiff against defendant in error. The plaintiff examined a witness, who testified that in the latter part of the year 1844, he heard one Hardy Jones, at that time the owner of the slavej say, that he had given the slave to plaintiff, and hired her from him at $5 per month until his crop was gathered. The slave remained in the possession of Jones until the early part of the year 1845, at which time Jones died. The defendant claimed the slave, as one of the distri-butees of Jones, being…
1Opinion of the CourtDargan, J.
As it was shown that Pearson, vyho acted as the commissioner in taking the testimony of the witness, Thomas, was the brother-in-law of the plaintiff, the deposition was properly rejected. The mode of taking testimony by deposition is open to the objection, that a designing commissioner can readily pervert the meaning of the witness. Indeed, the witness may be made to speak what he did not intend to say. The court should, therefore, throw around evidence, thus taken, all proper guards to secure it from imposition; and it is not an unreasonable guard or precaution, to hold that one so nearly…
2Cases cited5 opinions
- McCurry v. HooperSupreme Court of Alabama · 1848
- Sewall v. GliddenSupreme Court of Alabama · 1840
- Sims v. SimsSupreme Court of Alabama · 1841
- Towns v. AlfordSupreme Court of Alabama · 1841
- Cullum v. SmithSupreme Court of Alabama · 1844
3Cited by7 opinions
- Fouts v. NanceSupreme Court of Oklahoma · 1916
- Oxford Iron Co. v. QuinchettSupreme Court of Alabama · 1870
- Hendrix v. HendrixSupreme Court of Alabama · 1948
- Groves v. GrovesMississippi Supreme Court · 1880
- Fitzpatrick's Adm'r v. BakerSupreme Court of Alabama · 1858
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