Hesk v. Ellis
Supreme Court of Alabama
Appeal from Circuit Court, Houston County; H. A. Pearce, Judge. Detinue by J. E. Ellis against Amanda Hesk and others, wherein a claim was interposed by Amanda Hesk and others. From judgment for plaintiff, claimants appealed to the. Court of Appeals, and the cause was transferred to the Supreme Court.
1Opinion of the CourtSayre, J.
[1] Trial of the right of property in a hog. Claimants moved to exclude the testimony of the witness Taylor in regard to statements about a hog made to him by one of the claimants on the ground that the witness did not know that the said claimant was speaking of the hog ini controversy. We assume that the witness did not know of what hog the claimant was speaking; but there was evidence a plenty from which the jury may have inferred that the claimant was speaking of the hog in suit. The claimant’s alleged statement being in derogation of the title set up by him in this suit, there-was no…
2Cases cited2 opinions
- Keyser v. Maas & SchwarzSupreme Court of Alabama · 1895
- Slaughter v. WebsterSupreme Court of Alabama · 1915
3Cited by3 opinions
- Blackwell v. StateSupreme Court of Alabama · 1956
- Gillespie v. Bartlett & ByersSupreme Court of Alabama · 1924
- Faulk v. DorseySupreme Court of Alabama · 1936