Holman v. Arnett
Supreme Court of Alabama
Error to the Circuit Court of Lauderdale. This was trespass, vi et armis, against William Arnett, Charles Manor, Griffin Reed, and Levi Todd, for taking a wagon. The defendants plead not guilty ; and on that plea, verdict and judgment were rendered for them.
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Error to the Circuit Court of Lauderdale. This was trespass, vi et armis, against William Arnett, Charles Manor, Griffin Reed, and Levi Todd, for taking a wagon. The defendants plead not guilty ; and on that plea, verdict and judgment were rendered for them. On the trial below, the plaintiff offered in evi-. dence, the deposition of Joseph Surber, duly and regularly taken, to prove that he had sold and delivered to the plaintiff, the wagon, for the taking which the action was brought. The testimony of Surber was objected to, on the ground that he was incompetent to testify: and it was proved…
1Opinion of the CourtHopkins, J.
— Ill this case, the action was tres* pass against the defendants, for forcibly taking from" the possession of the plaintiff, and carrying away a wagon, which belonged to him. The defendants proved, that an attachment had been le vieron the wagon, as the property of one Surber, whose Reposition the plaintiff offered as evidence that the property was his, in virtue of a sale of the wagon to him, which the witness bad made. The Court rejected the evidence, on the ground that the witness was incompetent.
If the property had been sold under the attachment, and the proceeds applied towards the…
2Cited by2 opinions
- Stewart v. FowlerSupreme Court of Alabama · 1842
- Garner v. BridgesSupreme Court of Alabama · 1862