Brown v. Brown
Supreme Court of Alabama
Ehror to the Circuit Court of Greene county. Beverly Brown brought an action of detinue against John Brown, in the Circuit Court of Greene county, to recover a ne,-. gro man. The defendant relied on the plea of non detinet.
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Ehror to the Circuit Court of Greene county. Beverly Brown brought an action of detinue against John Brown, in the Circuit Court of Greene county, to recover a ne,-. gro man. The defendant relied on the plea of non detinet. On, the trial of the cause, the defendant excepted to the opinion of the, court, to the following effect: The plaintiff having proved that, a short time before the com.r, mencement of the action, he demanded the negro, sued for, of the defendant, who refused to deliver him — the defendant’s.counspl,in cross-examining the witness, asked him to state the conversation, which…
1Opinion of the CourtClay, J.
The bill of exceptions, in this case, presents three points for the consideration of the court, under the plaintiff’s assignment of error’s.
1. The first is, whether the court below erred in excluding evidence of the conversation, which ensued the demand of the slave, to recover which the action is instituted, and the refusal of the defendant, below, to deliver him.. It appears the defendant’s counsel, on cross-examination, asked the witness to state the conversation which then took place between the parties, in relation to the negro, and the title to him.
While, on the one hand, a party of…
2Cases cited2 opinions
- St. John v. O'ConnelSupreme Court of Alabama · 1838
- Goodman v. MunksSupreme Court of Alabama · 1838
3Cited by17 opinions
- Van Antwerp v. Van AntwerpSupreme Court of Alabama · 1941
- Fidelity & Deposit Co. v. RobertsonSupreme Court of Alabama · 1902
- Boyd v. ClarkU.S. Circuit Court for the District of Eastern Michigan · 1881
- Eastwood v. KennedyCourt of Appeals of Maryland · 1876
- Kirkland v. PilcherSupreme Court of Alabama · 1911
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