Kirk v. Suttle
Supreme Court of Alabama
Whit of error to the Circuit Court of Bibb. This was an action of trespass at the suit of the plaintiff in error, against the defendant, for taking and carrying away a female slave named Amy, four mules, two horses, one wagon and one barouch, alleged to be the property of the plaintiffs.
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Whit of error to the Circuit Court of Bibb. This was an action of trespass at the suit of the plaintiff in error, against the defendant, for taking and carrying away a female slave named Amy, four mules, two horses, one wagon and one barouch, alleged to be the property of the plaintiffs. The cause was tried on the plea of not guilty, to the entire declaration, and two special pleas of justification, as to all the property in question, save the mules, under writs offieri facias, against the goods and chattels, &c. of William Kirk, which were placed in the hands of the defendant, as the sheriff…
1Opinion of the CourtCollier, C. J.
1. In respect to the demun-cr to the third plea, that “will be considered as waived, and the parties under* stood to have gone to trial, without requiring an issue to bo made up.” [1 Ala. Rep. 155, N. g.]
2. The commission to take a deposition, is the warrant by which the persons to whom it is addressed are authorised to examine the witness, and to make the testimony admissible, it should be taken and certified by the commissioners specially designated,- and at the time appointed for the purpose. [Worsham v. Goar, 4 Porter’s Rep. 441.] In Campbell & Webb v. Woodcock, 2 Ala. Rep. 41, it was…
2Cases cited3 opinions
- Lonsdale v. BrownU.S. Circuit Court for the District of Eastern Pennsylvania · 1818
- Collins v. FowlerSupreme Court of Alabama · 1843
- Campbell v. WoodcockSupreme Court of Alabama · 1841
3Cited by1 opinion
- Eastland v. SparksSupreme Court of Alabama · 1853