Hooper v. Edwards
Supreme Court of Alabama
Eebok to the Circuit Court of Russell. Tried before the Hon. E. Pickens. The plaintiff commenced an action of assumpsit against Bryant S. Mangham, and pending the suit, sued out an ancillary attachment, which was levied on certain property; and Laxla Edwards, the defendant in error, was also served with a writ of garnishment. The attachment was issued on the 24th of November, 1848, and the defendant summoned as garnishee on the 30th of the same month.
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Eebok to the Circuit Court of Russell. Tried before the Hon. E. Pickens. The plaintiff commenced an action of assumpsit against Bryant S. Mangham, and pending the suit, sued out an ancillary attachment, which was levied on certain property; and Laxla Edwards, the defendant in error, was also served with a writ of garnishment. The attachment was issued on the 24th of November, 1848, and the defendant summoned as garnishee on the 30th of the same month. The garnishee appeared and answered, denying any indebtedness to Mang-ham, and further denying that he had any property of Mang-ham’s in his…
1Opinion of the Court
DARGAN, C. J.-
We think it was clearly admissible to prove what Edwards said to Thornton, at the time he gave him the executions and appointed him his agent to pursue Mangham, What he then said was not mere declarations, or admissions, unaccompanied by acts material to be considered on the’investigation of this cause. But on the contrary, they were declarations inseparably connected with material acts, and served to elucidate and explain them. Our reports abound with decisions showing that such declarations are admissible as part of the res gestae. Williams v. Shackelford, 16 Ala. 318;…
2Cases cited5 opinions
- McBride v. ThompsonSupreme Court of Alabama · 1845
- Tomkies v. ReynoldsSupreme Court of Alabama · 1849
- Yarborough v. MossSupreme Court of Alabama · 1846
- Williams v. ShackelfordSupreme Court of Alabama · 1849
- Babcock v. HuntingtonSupreme Court of Alabama · 1846
3Cited by2 opinions
- United States Fidelity & Guaranty Co. v. MillonasSupreme Court of Alabama · 1921
- Fail v. McArthurSupreme Court of Alabama · 1857