Cox v. Easley
Supreme Court of Alabama
Writ of Error to the Circuit Court of Talladega. Trespass de bonis aspertatis, by Cox, against Easley, J. A. and E. A. Givens. The defendants pleaded not guilty, and by agreement were to be allowed to give any matter in evidence which could be specially pleaded.
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Writ of Error to the Circuit Court of Talladega. Trespass de bonis aspertatis, by Cox, against Easley, J. A. and E. A. Givens. The defendants pleaded not guilty, and by agreement were to be allowed to give any matter in evidence which could be specially pleaded. At the trial, the plaintiff offered evidence tending to prove, that before the suit was commenced, on the 22d of June, 1845, the property in the declaration mentioned, that is, a buggy and harness, was in his possession in the town of Tal-ladega, and that the defendants then and there, took the same from him. After proving the value…
1Opinion of the CourtGoldthwaite, J.
1. With reference to that portion of the deposition excluded by the court, it is unnecessary to say more, than that the declarations of the plaintiff in regard to the property, made after the trespass complained of, in our judgment, were not admissible as part of the res gesta. The circumstance, that the plaintiff became the bailee of the sheriff, after his levy on the property as belonging to Herndon, had been explained by the plaintiff’s assertion of title to a moiety, and its recognition by that officer. This assertion could derive no additional strength from the continued assertion, nor…
2Cases cited6 opinions
- Whitsett v. WomackSupreme Court of Alabama · 1845
- Hare v. FullerSupreme Court of Alabama · 1845
- Rives v. WilborneSupreme Court of Alabama · 1844
- M'Rae v. M'LeanSupreme Court of Alabama · 1836
- Poole v. SymondsSuperior Court of New Hampshire · 1818
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Leach, Harrison & Forwood v. BushSupreme Court of Alabama · 1876
- Birmingham Southern R. Co. v. GoodwynSupreme Court of Alabama · 1919
- Alabama Great Southern Railroad v. JonesSupreme Court of Alabama · 1882
- Darrett v. DonnellySupreme Court of Missouri · 1866
- Shahan v. Herzberg, Simpson & Co.Supreme Court of Alabama · 1882
6 more not listed; retrieve them via the Exa API.