Johnson v. Wren
Supreme Court of Alabama
This was an action of Trover, brought by J. Johnson, as administrator of S. Ramsey, against W. Wren, for the conversion of eleven slaves. The writ was returned to the fall term 1827, of Dallas Circuit Court.
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This was an action of Trover, brought by J. Johnson, as administrator of S. Ramsey, against W. Wren, for the conversion of eleven slaves. The writ was returned to the fall term 1827, of Dallas Circuit Court. The plaintiff declared as administrator, and made proiert of letters of administration, granted to him on the estate of Ramsey, in Abbeville district, State of South Carolina, on the 20th of October, 1824. The defendant pleaded, 1st. the general issue; 2nd. that the defendant had possession of the slaves sued for in South Carolina, for more than-years after the accruing of the cause of…
1Opinion of the Court
By JUDGE COLLIER.
Out of the several matters assigned for error, the following questions arise:. is there error in the refusal of the Court to strike out the second plea of the defendant on motion?
2nd, Did the Court err in refusing the instructions asked, and in giving others as expressed in the bill of exceptions?
1st. It is too late for the plaintiff to object that the Court erred in refusing to strike out the second plea of the defendant. The motion to strike out, may in most respects, he assimilated to' a demurrer, if after demurrer overruled, the defendant had replied, he could not have…
2Cited by17 opinions
- Reading Co. v. KoonsSupreme Court of the United States · 1926
- Bucklin v. FordNew York Supreme Court · 1849
- Vanderveer v. AlstonSupreme Court of Alabama · 1849
- Duncan v. HargroveSupreme Court of Alabama · 1853
- Steele v. BookerSupreme Court of Alabama · 1920
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