Legal Opinion

Wall v. Williamson

Supreme Court of Alabama

Decided January 15, 1845PublishedCited by 16 opinions

Writ of error to the Circuit Court of Sumter. Assumpsit, by Williamson, against the defendant, as the maker of a promissory note.

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Writ of error to the Circuit Court of Sumter. Assumpsit, by Williamson, against the defendant, as the maker of a promissory note. At the trial, upon the general issue, the defendant produced evidence tending to prove, that she and one David Wall lived together, as man and wife, from the year 1831 until the year 1839, in the territory belonging to the Choctaw Indians, until that was annexed to, and made the county of Sumter; after which they lived in the same relation, in that county, near the same place where they previously had resided, and until the said David left the State of Alabama, in…

1Opinion of the CourtGoldthwaite, J.

Previous to entering upon the consideration of the questions raised, by the refusal to give thq *50charge requested by the defendant, it is not improper to ascertain what facts had to be ascertained by the jury, from the evidence. The existence of a marriage between David Wall and the defendant, at the time when the note sued on was given by Mrs. Wall, was one of the principal matters to be passed upon. Once established, to the satisfaction of the jury, as having been entered into, in conformity with the usages of the Choctaw tribe of Indians, its effect, in connection with the laws of this…

2Cited by16 opinions

  1. Kobogum v. Jackson Iron Co.Michigan Supreme Court · 1889
  2. Begay v. MillerArizona Supreme Court · 1950
  3. James v. AdamsSupreme Court of Oklahoma · 1915
  4. Wall v. WilliamsSupreme Court of Alabama · 1847
  5. Cyr v. WalkerSupreme Court of Oklahoma · 1911

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