Nuckolls v. Pinkston
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John Gill Shorter. This action was brought by James K. Pinkston, “ trustee of Matilda S. Pinkston, his wife, and who sues for her use,” against Gfeo.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John Gill Shorter. This action was brought by James K. Pinkston, “ trustee of Matilda S. Pinkston, his wife, and who sues for her use,” against Gfeo. B. Nuckolls, to recover two slaves, together with damages for their detention; and was commenced on the 10th January, 1854. The defendant pleaded the general issue, and a special plea puis darrein continuance, averring the death of Mrs. Pinkston after the commencement of the suit; and issue was joined on both of these pleas. On the trial, as the bill of exceptions shows, the…
1Opinion of the CourtA. J. Walker, C. J.
In permitting a witness to state, notwithstanding the defendant’s objection, that Pinkston was insolvent, the court violated a principle announced in Brice & Co. v. Lide, 30 Ala. 647, and committed an error for which we must reverse the judgment.
We do not now perceive that the evidence as to Pinkston’s pecuniary condition in 1839 or 1840, had any relevancy to the case; but, as there may be some aspect in which it had some bearing upon some question of the case, which has escaped our attention, we forbear to decide positively that it is irrelevant.
[2.] One of the objections to the first charge…
2Cases cited1 opinion
- Brice v. LideSupreme Court of Alabama · 1857
3Cited by3 opinions
- Abbott, Downing & Co. v. GillespySupreme Court of Alabama · 1883
- Montgomery & West Point Railroad v. EdmondsSupreme Court of Alabama · 1868
- Henderson-Achert Lithographing Co. v. Belford, Clarke, & Co.Ohio Superior Court, Cincinnati · 1890