Legal Opinion

Hodges v. Br. Bank at Montgomery

Supreme Court of Alabama

Decided January 15, 1848PublishedCited by 1 opinion

Error to the Circuit Court of Barbour. Before the Hon. G. D. Shortridge. This was a trial of the right of property: an issue was made up, whether the slave was subject to the execution ? The testimony tended to show, that the slave was purchased with the money of John P. Boothe, the defendant in the execution.

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Error to the Circuit Court of Barbour. Before the Hon. G. D. Shortridge. This was a trial of the right of property: an issue was made up, whether the slave was subject to the execution ? The testimony tended to show, that the slave was purchased with the money of John P. Boothe, the defendant in the execution. The claimant, in order to sustain his claim, showed title to the slave under a decree rendered in the court of chancery, upon a bill filed by Mrs. Martha R. W. Boothe, the wife of the defendant in execution, against her husband, in which it was alledged, that the slave in controversy…

1Opinion of the CourtDargan, J.

The rule is well settled, that a husband, is an incompetent witness, in a controversy respecting the rights of his wife, to sustain those rights. See Hall v. Dargan, 4 Ala. Rep. 696, and the cases referred to. It is equally clear, that a party cannot complain that the charge of the court is too general, if it be not repugnant to the rales of law/ In this case the charge is not assailed as contrary to law, but it is insisted thatit was too general, and that the jury might have been misled by it. If the claimant desired a more specific charge, it was his duty to ask it of the court below, and…

2Cases cited1 opinion

  1. Hall v. DarganSupreme Court of Alabama · 1843

3Cited by1 opinion

  1. Ewing v. SanfordSupreme Court of Alabama · 1851

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