Barnes v. Mobley
Supreme Court of Alabama
ERROR to the Circuit Court of Chambers. Tried before the Hon. Robert Dougherty. This was an action of troyer by the plaintiffs against the defendant, to recover damages for the conversion of a negro woman slave, alleged to have been the property of .the plaintiffs. Plea, not guilty, with leave to give evidence of any matter which would be legally received under any special plea in bar; verdict and judgment for the defendant.
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ERROR to the Circuit Court of Chambers. Tried before the Hon. Robert Dougherty. This was an action of troyer by the plaintiffs against the defendant, to recover damages for the conversion of a negro woman slave, alleged to have been the property of .the plaintiffs. Plea, not guilty, with leave to give evidence of any matter which would be legally received under any special plea in bar; verdict and judgment for the defendant. On the trial, a bill of exceptions was sealed, from which it appears, that the plaintiffs introduced proof tending to show, that their father (John Barnes) intermarried…
1Opinion of the CourtChilton, J.
— It is impossible for this court to say, that the Circuit Court erred in charging the jury, that, if they believed all the proof, the plaintiff was not entitled to recover; for the simple reason that all the proof is not set out in the bill of exceptions. It is shown that the statute of frauds of the State of Georgia was read in evidence, and constituted a portion of the proof on which the charge of the court was based.
We cannot judicially know, but that the statute referred to may fully justify the court in the charge, as the gift was made in that state, and the parties resided there when…
2Cases cited6 opinions
- Nelson v. IversonSupreme Court of Alabama · 1850
- McBride v. ThompsonSupreme Court of Alabama · 1845
- Oden v. StubblefieldSupreme Court of Alabama · 1842
- Brewer v. Strong's Ex'rsSupreme Court of Alabama · 1847
- Ware v. DudleySupreme Court of Alabama · 1849
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- Drake v. GloverSupreme Court of Alabama · 1857
- Bradley v. AndressSupreme Court of Alabama · 1857
- Walker v. ElledgeSupreme Court of Alabama · 1880
- Baker v. PattersonSupreme Court of Alabama · 1911
7 more not listed; retrieve them via the Exa API.