Thomason v. Odum
Supreme Court of Alabama
Appeal from the Circuit Court of Conecuh. Tried before the Hon. Andrew B. Moore. This action was brought by Matthew D. Thomason agaiust Aaron Odum, to recover a negro woman named Watsey, together with her three children; and was commenced in April, 1849. It was before this court at its June term, 1853, and is reported in 23 Ala. 480. The pleadings in reference to tlic statute of limitations of Elorida, which was set up by the defendant, were canned to a sur-rejoinder; but no…
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Appeal from the Circuit Court of Conecuh. Tried before the Hon. Andrew B. Moore. This action was brought by Matthew D. Thomason agaiust Aaron Odum, to recover a negro woman named Watsey, together with her three children; and was commenced in April, 1849. It was before this court at its June term, 1853, and is reported in 23 Ala. 480. The pleadings in reference to tlic statute of limitations of Elorida, which was set up by the defendant, were canned to a sur-rejoinder; but no question seems to have arisen about them on the last trial. The confused state of the record renders it impossible to…
1Opinion of the CourtWalken, J.
— The legal proposition, that parol evidence was not admissible to vary the record, which was intended to be assorted by the first charge, was certainly correct; but the charge is objectionable, because its effect was to shift from the court to the jury the duty of determ*112ining what parol evidence was inconsistent with the record. — DeGraffenreid v. Thomas, 14 Ala. 681.
2. The clerk has copied into the transcript of the record of the circuit court for Perry county a memorandum, made by the plaintiff, of matters which he proposed to submit to arbitration, an agreement between the plaintiff and…
2Cases cited1 opinion
- Degraffenreid v. ThomasSupreme Court of Alabama · 1848
3Cited by27 opinions
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- St. Louis S. F. R. Co. v. DavisSupreme Court of Oklahoma · 1913
- Giddens v. BollingSupreme Court of Alabama · 1890
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