Walker v. Blassingame
Supreme Court of Alabama
Error to the Circuit Court of Talladega. Tried before the Hon, Thos. A. Walker. 1. The court should have excluded from the jury the testimony of Barclay in reference to the declarations of David Walker, deceased, because the witness did not and could not state the times and places, and the persons in whose presence the declarations wrnre made. 2. The cqurt should have permitted the defendant to prove' by said witness the declarations of David Walker, deceased, made in…
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Error to the Circuit Court of Talladega. Tried before the Hon, Thos. A. Walker. 1. The court should have excluded from the jury the testimony of Barclay in reference to the declarations of David Walker, deceased, because the witness did not and could not state the times and places, and the persons in whose presence the declarations wrnre made. 2. The cqurt should have permitted the defendant to prove' by said witness the declarations of David Walker, deceased, made in conversations other than those called out by the plaintiff, going to show that he had never given or intended to give the…
1Opinion of the CourtDargan, C. J.
This was an action of detinue, brought by Jesse Blassingame against Martha Walker, to recover three slaves., Jude and her two children. A judgment was rendered in favor of the plaintiff for the slaves or their alternate value. In the progress of the trial, a bill of exceptions was sealed by the presiding judge, from which it appears that the slave Jude originally belonged to David Walker who is now dead, that the defendant is his widow, and that the plaintiff intermarried with his daughter. The plaintiff introduced A. R. Barclay as a witness, who testified that in a conversation he.bad with…
2Cases cited6 opinions
- McBride v. ThompsonSupreme Court of Alabama · 1845
- Sims v. SimsSupreme Court of Alabama · 1841
- Creagh v. SavageSupreme Court of Alabama · 1846
- Powell v. OldsSupreme Court of Alabama · 1846
- Spence v. TuggleSupreme Court of Alabama · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Simmons v. FishMassachusetts Supreme Judicial Court · 1912
- Levison v. StateSupreme Court of Alabama · 1875
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- Revis v. StateCourt of Criminal Appeals of Alabama · 2011
- Stephens v. Central of Georgia R. Co.Supreme Court of Alabama · 1978
11 more not listed; retrieve them via the Exa API.