Wilson v. Sheppard
Supreme Court of Alabama
Appeal from the Circuit Court of Chambers. Tried before the Hon. Robert Doughertt. This action was brought, in August, 1863, by Mrs. Harriet E. Wilson, the appellant, who is the wife of Samuel W. Wilson, to recover damages for the defendant’s conversion of several buggies and other articles of personal property, which the plaintiff claimed as part of her separate estate.
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Appeal from the Circuit Court of Chambers. Tried before the Hon. Robert Doughertt. This action was brought, in August, 1863, by Mrs. Harriet E. Wilson, the appellant, who is the wife of Samuel W. Wilson, to recover damages for the defendant’s conversion of several buggies and other articles of personal property, which the plaintiff claimed as part of her separate estate. Under the rulings of the court on the trial, the plaintiff was compelled to take a non-suit with a bill of exceptions, which states that she offered the following proof: “ 1. Evidence tending to show that the defendant…
1Opinion of the CourtWalker, J.
The incompetency of husband and wife to testify for or against each other, unless in a few excepted instances, has its foundation not merely in the identity of their legal rights, but in a wise public policy. No abandon*628ment, or intention to abandon that policy, is indicated by the statutes securing to man’ied women their property separately from their husbands. There is nothing in those statutes from which we can infer a legislative purpose to mar the sacred confidence of married life, and to open the door for broils and dissension, by permitting husband and wife to testify for or against…
2Cases cited3 opinions
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- Griggs v. WoodruffSupreme Court of Alabama · 1848
- Bean v. PearsallSupreme Court of Alabama · 1847
3Cited by16 opinions
- Patton v. BeecherSupreme Court of Alabama · 1878
- Walker v. Walker'sSupreme Court of Alabama · 1859
- Goodlett v. HansellSupreme Court of Alabama · 1880
- Collins v. MackSupreme Court of Arkansas · 1877
- Bell v. CraigSupreme Court of Alabama · 1875
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