Webb v. Kelly
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKixstry. This action was brought by James Kelly, against John T. Webb, to recover a slave named Wash, under the following circumstances : The slave belonged to the plaintiff, and was employed by him as a cab-driver in tbe city of Mobile, but was permitted to retain for himself about one-half of his wages.
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Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKixstry. This action was brought by James Kelly, against John T. Webb, to recover a slave named Wash, under the following circumstances : The slave belonged to the plaintiff, and was employed by him as a cab-driver in tbe city of Mobile, but was permitted to retain for himself about one-half of his wages. The defendant procured one Williams to negotiate with plaintiff for the sale of the slave ; the plaintiff sold .him to Williams, on the J.6th July, 18.57, for one thousand dollars, and executed to Williams a bill of sale,…
1Opinion of the Court
STONE J.
In the answer of the -witness Mary Lebonte to the 4th interrogatory, are some statements of fact, which *340arc clearly legal evidence. The objection of 'the appellant was general, to the whole answer. Under these circumstances,'the'court did not err in overruling the objection. Shep. Big. '596, § 169.
[2:] In admitting, as evidence for plaintiff*, what he had himself said a few days after the sale, the city court erred. 'This was no part of the res gestee, and Mr. Kelly could not (make evidence for himself, — Shep. Big. 592 ; Newcombe v. Leavitt, 22 Ala. 631.
[3.] We do not know any…
2Cases cited7 opinions
- Newcombe v. LeavittSupreme Court of Alabama · 1853
- Stanley v. NelsonSupreme Court of Alabama · 1856
- T. & W. Brandon v. Planters & Merchants' Bank of HuntsvilleSupreme Court of Alabama · 1828
- Shanklin v. JohnsonSupreme Court of Alabama · 1846
- Jones v. NirdlingerSupreme Court of Alabama · 1852
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Morris v. HallSupreme Court of Alabama · 1868
- Bullard v. LambertSupreme Court of Alabama · 1866
- Ex parte Haralson & Co.Supreme Court of Alabama · 1883
- Scheible v. BachoSupreme Court of Alabama · 1868
- Broadhead v. JonesSupreme Court of Alabama · 1863
1 more not listed; retrieve them via the Exa API.