Thomason v. Odum
Supreme Court of Alabama
Appeal from the Circuit Court of Conecuh. Tried before the Hon. Andrew B. Moore. Detinue by the appellant, Matthew D. Thomason, against Aaron Odum, for a certain negro woman, named Watsey, and her three children.
Read the full summary
Appeal from the Circuit Court of Conecuh. Tried before the Hon. Andrew B. Moore. Detinue by the appellant, Matthew D. Thomason, against Aaron Odum, for a certain negro woman, named Watsey, and her three children. The defendant, amongst other pleas, pleaded three pleas, in effect as follows : that one Delilah Lawson, in 1839, purchased, in the State of Florida, without notice of the plaintiff’s claim, and for a fair and full consideration in money, to-wit: the sum of five hundred and seventy five dollars, of one N. W. Hobson, the said negro woman Watsey, who was then in the possession of the…
1Opinion of the CourtGibbons, J.
The ruling of the court below on the demurrers filed to the defendant’s replications, constitutes the sole question for the revision of this court.
It is contended by the defendant in error, that the demurrers should have been sustained, because the plaintiff had no right to file more than one replication to each plea, and that the pleas, in reply to which the replications are filed, do not fall within the statute of 1846. The language of the section of the act referred to, is as follows: “ That hereafter the plaintiff shall have a right to reply as many several matters to any plea of the…
2Cases cited3 opinions
- Howell v. HairSupreme Court of Alabama · 1849
- Faw v. Roberdeau'sSupreme Court of the United States · 1805
- Newcombe v. LeavittSupreme Court of Alabama · 1853
3Cited by3 opinions
- Duberstein v. DubersteinIllinois Supreme Court · 1897
- Elmore v. MustinSupreme Court of Alabama · 1856
- Paine v. DrewSupreme Court of New Hampshire · 1860