Blackburn v. Morton
Supreme Court of Arkansas
Appeal from the Circuit Court of Crawford county. The depositions ought to have been excluded because taken before issue joined. Digest 431. The depositions from Alabama were not authenticated by the certificate and seal of the clerk of a Court of record, and should have been excluded. Dig. 434. The instructions given to the jury were improper. Three years is the limitation in an action of detinue: and this may be relied on under the general issue. Sand.
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Appeal from the Circuit Court of Crawford county. The depositions ought to have been excluded because taken before issue joined. Digest 431. The depositions from Alabama were not authenticated by the certificate and seal of the clerk of a Court of record, and should have been excluded. Dig. 434. The instructions given to the jury were improper. Three years is the limitation in an action of detinue: and this may be relied on under the general issue. Sand. PI. & Ev. 434; 3 J. J. Marsh. 365. The plaintiffs not showing a joint right could not recover. 5 Eng. 223; 4 Russ. 225; 10 Paige 459. The…
1Opinion of the CourtJustice Hanly
This is an action of detinue, commenced in the Crawford Circuit Court, on the 5th February, 1855, for a slave, at the suit of Allas J. Morton and Harriet his wife, and Elizabeth Alice Smith, an infant, by Wm. Walker her next friend, against the appellant. Plea, non detmet, and issue. Trial by a jury, and a verdict and judgment for appellees. Motion for a new trial, assigning for grounds: 1st. That the Court permitted illegal evidence to go to the jury. 2d. That the Court misdirected the jury. 3d. That the verdict was contrary to the instructions of the Court, and excessive.
The motion for a…
2Cited by6 opinions
- King v. GreenCalifornia Court of Appeal · 1908
- Rock Island Plow Co. v. MastersonSupreme Court of Arkansas · 1910
- Moores v. WinterSupreme Court of Arkansas · 1899
- Pettigrew v. PettigrewSupreme Court of Arkansas · 1927
- H. & W. Blunt v. WilliamsSupreme Court of Arkansas · 1872
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