Bowen v. Snell
Supreme Court of Alabama
Writ of Error to the County Court of Butler. Assumpsit in the name of Snell, for the use of Watkins Salter. The defendant pleaded — 1. Non assumpsit; and 2. A special plea; asserting the actual ownership and interest in the note sued on to be in John G. Salter, and alledging his indebtedness to the defendant, by means of a note made to Caley and Stewart, and by them indorsed.
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Writ of Error to the County Court of Butler. Assumpsit in the name of Snell, for the use of Watkins Salter. The defendant pleaded — 1. Non assumpsit; and 2. A special plea; asserting the actual ownership and interest in the note sued on to be in John G. Salter, and alledging his indebtedness to the defendant, by means of a note made to Caley and Stewart, and by them indorsed. At the trial, the defendant produced a witness, who testified he had formerly owned the note sued on, but had traded it to John G. Salter, for a slave owned by him. Watkins Salter, the beneficial plaintiff on the record,…
1Opinion of the CourtGoldthwaite, J.
1. On the first examination of this record, we fell into the mistake of supposing the court below rejected the entire evidence of the defendant, when it seems the fact is, that nothing was rejected except the testimony of witnesses speaking to the admissions of John G. Salter, after the institution of the suit. It is not entirely certain, that in reviewing the cause on this assumption, we may not run counter to the truth of the case, but we think the fair construction of the bill of exceptions is, that nothing more was excluded from the jury than what the defendant proposed to show by the…
2Cases cited2 opinions
- Bowen v. SnellSupreme Court of Alabama · 1846
- Bell v. HortonSupreme Court of Alabama · 1840
3Cited by6 opinions
- Beard v. Union & American Publishing Co.Supreme Court of Alabama · 1881
- Alabama Power Co. v. HamiltonSupreme Court of Alabama · 1917
- Jones v. BlairSupreme Court of Alabama · 1876
- Corona v. Southern Guaranty Insurance Co., Inc.Supreme Court of Alabama · 1975
- Farmers' Union Warehouse Co. v. Barnett Bros.Supreme Court of Alabama · 1931
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