Broadhead v. Jones
Supreme Court of Alabama
Appeal from tbe Circuit Court of Bibb. Tried before tbe Hon. Poetes King. This action was brought by Hugb Jones, against Michael K. Broadhead and William Dunlap; was founded on a promissory note for two hundred and twenty dollars, executed by the defendants jointly, dated the 23d April, 1854, and payable the 1st January, 1855, to D. E. Davis, or bearer; and was commenced on the 24th August, 1857. The defendant Dunlap died pending the suit, and the action was abated as to…
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Appeal from tbe Circuit Court of Bibb. Tried before tbe Hon. Poetes King. This action was brought by Hugb Jones, against Michael K. Broadhead and William Dunlap; was founded on a promissory note for two hundred and twenty dollars, executed by the defendants jointly, dated the 23d April, 1854, and payable the 1st January, 1855, to D. E. Davis, or bearer; and was commenced on the 24th August, 1857. The defendant Dunlap died pending the suit, and the action was abated as to him. The defendant Broadhead pleaded, “ 1st, non assumpsit; 2d, payment; 8d, set-off; 4th, that the note sued on is not the…
1Opinion of the CourtA. J. Walker, C. J.
[1.] In rejecting D. E. Dunlap, as an incompetent witness for the defendant, the court below brought itself in conflict with the decision in Rupert & Cassity v. Elston, (35 Ala. 79,) and committed an error for which its judgment must be reversed.
The charges given, and the charges asked and refused, involve several material questions; and we proceed to adjudicate those questions so far as may be necessary to guide the court below on a future trial.
[2.] Sections 3283 and 3284 of the Code pertain to the offense of supplying liquor to a slave. The next section prescribes a punishment for buying…
2Cases cited7 opinions
- Rupert & Cassity v. Elston'sSupreme Court of Alabama · 1859
- Stanley v. NelsonSupreme Court of Alabama · 1856
- Alabama & Mississippi Rivers Railroad v. SanfordSupreme Court of Alabama · 1860
- Webb v. KellySupreme Court of Alabama · 1861
- Shanklin v. JohnsonSupreme Court of Alabama · 1846
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Worthen v. State ex rel. VernerSupreme Court of Alabama · 1914
- Hirschfelder v. MitchellSupreme Court of Alabama · 1875
- Jones' Adm'r v. ShaddockSupreme Court of Alabama · 1867
- Boit v. MaybinSupreme Court of Alabama · 1875