Brice v. Lide
Supreme Court of Alabama
Appeal from tbe Circuit Court of Dallas. Tried before tbe Hon. Robeet Dougheety. The appellants, baying obtained a judgment against ~W. C. Skinner, on tbe 29tb May, 1854, caused an execution to be levied on certain slaves in the possession of said Skinner, which were thereupon claimed by tbe ap-pellee, as tbe trustee of Mrs. Jane Y. Skinner, who was tbe wife of said ~W. C. Skinner.
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Appeal from tbe Circuit Court of Dallas. Tried before tbe Hon. Robeet Dougheety. The appellants, baying obtained a judgment against ~W. C. Skinner, on tbe 29tb May, 1854, caused an execution to be levied on certain slaves in the possession of said Skinner, which were thereupon claimed by tbe ap-pellee, as tbe trustee of Mrs. Jane Y. Skinner, who was tbe wife of said ~W. C. Skinner. The claimant derived title to tbe slaves under an alleged purchase by him, as trustee of Mrs. Skinner, and with funds belonging to her separate estate, from said ~W. C. Skinner, on tbe 22d January, 1839; and, for…
1Opinion of the CourtRice, C. J.
"Where the deposition of a witness, incompetent upon grounds of public policy or interest, has been taken on notice to the leading attorney of the plaintiff; and that leading attorney, with knowledge of the ground of the incompetency, attended the examination, and cross-examined the witness, without making any objection to the competency, the objection will be [held to have been waived. — McCreary v. Turk, 29 Ala. 244; Brake v. Foster, 28 Ala. 649; Lyde v. Taylor, 17 Ala. 270. It follows, that there was no error in overruling the objection, made on the trial, to the deposition of Mrs. Lyde,…
2Cases cited9 opinions
- McCreary v. TurkSupreme Court of Alabama · 1856
- Walker v. ForbesSupreme Court of Alabama · 1854
- Montgomery & West Point Railroad v. VarnerSupreme Court of Alabama · 1851
- Lawson v. OrearSupreme Court of Alabama · 1845
- Lyde v. TaylorSupreme Court of Alabama · 1850
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Abbott, Downing & Co. v. GillespySupreme Court of Alabama · 1883
- Montgomery & West Point Railroad v. EdmondsSupreme Court of Alabama · 1868
- Nuckolls v. PinkstonSupreme Court of Alabama · 1863