Holloway v. Cotten
Supreme Court of Alabama
Appeal from tbe Circuit Court of Chambers. Tried before the Hon. Robert Dougherty. This action was brought by Thomas S. Cotten, against Caleb Holloway, to recover damages for the breach of a warranty of soundness of a slave named Maria, sold by defendant to plaintiff in January, 1854. No pleas appear in the record.
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Appeal from tbe Circuit Court of Chambers. Tried before the Hon. Robert Dougherty. This action was brought by Thomas S. Cotten, against Caleb Holloway, to recover damages for the breach of a warranty of soundness of a slave named Maria, sold by defendant to plaintiff in January, 1854. No pleas appear in the record. On the trial, as the bill of exceptions states, the plaintiff read in evidence his bill of sale for the slave, containing a warranty of soundness, and then introduced one Phillips as a witness, who testified as follows: “In March, 1854, some two months after the sale of said negro…
1Opinion of the Court
RICE, C. J.—
Upon the authority of Eckles v. Bates, 26 Ala. 655, we hold, that the court below erred in admitting the declaration made to the witness Phillips, who was not skilled iu the science of medicine, that “she had been that way, oft' and on, for the last year or two.”
Upon the authority of the case above cited, and of Phillips v. Kelly, 29 Ala. 628, we hold, that there was no error in admitting the other declarations of the slave which were objected to by the defendant. See, also, the authorities cited in Phillips v. Kelly, supra.
The charge of the court, in relation to the declarations…
2Cases cited4 opinions
- Phillips v. KellySupreme Court of Alabama · 1857
- Eckles v. BatesSupreme Court of Alabama · 1855
- Watson v. AndersonSupreme Court of Alabama · 1848
- Roberts v. FlemingSupreme Court of Alabama · 1858
3Cited by2 opinions
- Stein v. StateSupreme Court of Alabama · 1861
- Weaver v. ShropshireSupreme Court of Alabama · 1868