Legal Opinion

Phillips v. Beene

Supreme Court of Alabama

Decided June 15, 1849PublishedCited by 18 opinions

Error to the Circuit Court of DeKalb. Tried before the Hon. Lincoln Clark. This was an action of slander by the defendant against the plaintiff in error.

Read the full summary

Error to the Circuit Court of DeKalb. Tried before the Hon. Lincoln Clark. This was an action of slander by the defendant against the plaintiff in error. The declaration avers that in a matter of controversy wherein Jacob Beene was establishing a preemption right, &c., before the register and receiver of the land office at Lebanon, the plaintiff was sworn as a witness before said register and receiver, and gave testimony, and that the defendant spoke and published of and concerning said plaintiff and his said oath and testimony the false, malicious and defamatory words, &e. The bill of…

1Opinion of the CourtChilton, J.

We cannot review the point first attempted to be presented by the bill of exceptions. That informs us that Avhen the cause was being tried a question was raised before the court as to the competency of the register and receiver of the land office to administer an oath to witnesses and applicants for the benefit of the pre-emption law of 22d. June 1838, when the court determined that in law the register and receiver was competent to administer such oaths. Hoav' the question Avas raised does not appear. It may have *723been insisted on by the counsel as an abstract proposition of law, and the court…

2Cases cited3 opinions

  1. Pharr v. BachelorSupreme Court of Alabama · 1841
  2. Maynard & Co. v. JohnsonSupreme Court of Alabama · 1842
  3. Hall v. MontgomerySupreme Court of Alabama · 1845

3Cited by18 opinions

  1. Nichols v. StateSupreme Court of Alabama · 1958
  2. Eiland v. StateSupreme Court of Alabama · 1875
  3. Moulton v. StateSupreme Court of Alabama · 1917
  4. Nichols v. StateSupreme Court of Alabama · 1964
  5. Partelow v. Newton & Boston Street Railway Co.Massachusetts Supreme Judicial Court · 1907

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API