Cole v. Conolly
Supreme Court of Alabama
Error to the Circuit Court of Dallas. Tried before the Hon. Nathan Cook. The facts of this -case appear fully in the opinion of the Court. The verdict is erroneous: 1st, in not assessing the value of the slaves, or any of them — Bell v. Pharr, 7 Ala. 807. 2d. In not allowing damages for the detention up to the trial — Carroll v. Pathkiller, 3 Porter, 280. 3d.
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Error to the Circuit Court of Dallas. Tried before the Hon. Nathan Cook. The facts of this -case appear fully in the opinion of the Court. The verdict is erroneous: 1st, in not assessing the value of the slaves, or any of them — Bell v. Pharr, 7 Ala. 807. 2d. In not allowing damages for the detention up to the trial — Carroll v. Pathkiller, 3 Porter, 280. 3d. In not finding for the plaintiff for the slaves — he having title, according to the special verdict, at the commencement of the suit, — Bettis, adm’r v. Taylor, 8 Porter, 564; Bell v. Pharr, et al, 7 Ala. 807. Also, if Coles’ title was…
1Opinion of the CourtChilton, J.
This was an action of detinue brought by the plaintiff in error against the defendant, to recover sundry slaves named in the pleadings. Upon the trial, the defendant pleaded non detinet, with leave to give in evidence any special matter which could be specially pleaded, either puis darrien continuance or otherwise, with like leave to the plaintiff in re-speet to his replication.
The jury returned into court a special verdict, by which .they certify that at the time the action was commenced by the plaintiff, he, the said plaintiff, had the title to the slaves sued for, and the right to recover…
2Cases cited5 opinions
- Thompson v. TolmieSupreme Court of the United States · 1829
- Perkins v. FairfieldMassachusetts Supreme Judicial Court · 1814
- M'Pherson v. CunliffSupreme Court of Pennsylvania · 1824
- Dozier v. JoyceSupreme Court of Alabama · 1838
- Glascock v. HaysCourt of Appeals of Kentucky · 1836
3Cited by16 opinions
- Nill v. ComparetIndiana Supreme Court · 1861
- Wightman v. KarsnerSupreme Court of Alabama · 1852
- Randles v. RandlesIndiana Supreme Court · 1879
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
- Smith v. SmithSupreme Court of Alabama · 1871
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