Blackman v. Johnson
Supreme Court of Alabama
Appeal from the Circuit Court of Macon. Tried before the Hon. S. D. Hale. This action was brought by Edward Johnson, against Burrell Blackman and James Blackman ; was founded on the defendants’ bill of exchange for $200, dated the 13th August, 1850, and payable at sight, to the plaintiff’s order ; and was commenced on the 6th September, 1850. The defendants pleaded the general issue, in short by consent, with leave to give any special matter in evidence.
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Appeal from the Circuit Court of Macon. Tried before the Hon. S. D. Hale. This action was brought by Edward Johnson, against Burrell Blackman and James Blackman ; was founded on the defendants’ bill of exchange for $200, dated the 13th August, 1850, and payable at sight, to the plaintiff’s order ; and was commenced on the 6th September, 1850. The defendants pleaded the general issue, in short by consent, with leave to give any special matter in evidence. On the trial, after the plaintiff had read in evidence the bill which was the foundation of the action, the defendants proved that it was…
1Opinion of the Court
A. J. WALKER, C. J,
That a slave is unsound, is not necessarily a matter of opinion, or scientific deduction. It is often a fact perfectly obvious to the senses. The observation of a man writhing from day to day with pain> *255or languishing upon a bed of illness, or covered with a cutaneous eruption, would authorize the announcement by the observer, as a fact, that he was unsound. Hence, this court has said, that “ the most ignorant witness may be permitted to state the fact of disease, when open to the perception of the senses,” (Milton v. Rowland, 11 Ala. 732;) “that the apparent condition of…
2Cases cited9 opinions
- Munroe v. PritchettSupreme Court of Alabama · 1849
- Wilkinson v. MoseleySupreme Court of Alabama · 1857
- Milton v. RowlandSupreme Court of Alabama · 1847
- Atwood's Adm'r v. WrightSupreme Court of Alabama · 1856
- Read v. WalkerSupreme Court of Alabama · 1850
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Carthage Turnpike Co. v. AndrewsIndiana Supreme Court · 1885
- Whiddon v. MaloneSupreme Court of Alabama · 1929
- Dominick v. RandolphSupreme Court of Alabama · 1899
- Tabor v. PetersSupreme Court of Alabama · 1883
- Ala. G. S. Railroad v. ArnoldSupreme Court of Alabama · 1886
13 more not listed; retrieve them via the Exa API.