Parsons v. Boyd
Supreme Court of Alabama
Error to tbe Circuit Court of Talladega. Tried before tbe Hon. E. Pickens. 1. The deposition of “Mrs. Beese” should have been suppressed, because her Christian name is not set forth in the affidavit, nor in the fiat of the judge authorizing it to be taken. The clerh inserted it in the commission upon his own authority.
Read the full summary
Error to tbe Circuit Court of Talladega. Tried before tbe Hon. E. Pickens. 1. The deposition of “Mrs. Beese” should have been suppressed, because her Christian name is not set forth in the affidavit, nor in the fiat of the judge authorizing it to be taken. The clerh inserted it in the commission upon his own authority. The design of the statute, in requiring the affidavit to disclose the name of the witness, is too obvious to require comment, and with equal propriety it might omit to state, “ the testimony may be material ” to the party. Clay’s Dig. 165, § 1. The fact that there was but one “…
1Opinion of the Court
DARGAN, C. J.-
-This is an action of detinue, wbicb was commenced by tbe plaintiff to recover of tbe defendant a slave by tbe name of Dick. Tbe plaintiff, to show title to tbe slave, read in evidence a deed executed by B. W. Bell, by wbicb several slaves, one of wbicb was tbe slave in controversy, and a tract of land, were conveyed to tbe plaintiff and one Thornton Taliaferro jointly, for tbe purpose of securing the said plaintiff and Taliaferro against their liability as endorsers of a bill of exchange, wbicb bad been drawn by Bell, and endorsed by tbe grantees in tbe deed, Boyd and…
2Cases cited9 opinions
- New Orleans v. United StatesSupreme Court of the United States · 1836
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Bradford v. DawsonSupreme Court of Alabama · 1841
- Franklin v. OsgoodCourt for the Trial of Impeachments and Correction of Errors · 1817
- Miller v. EatmanSupreme Court of Alabama · 1847
4 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Nunn v. KeithSupreme Court of Alabama · 1972
- Bernhard v. BernhardSupreme Court of Alabama · 1965
- Paxson v. BrownCourt of Appeals for the Eighth Circuit · 1894
- Abney v. DeLoachSupreme Court of Alabama · 1887
- Hicks v. MeadowsSupreme Court of Alabama · 1915
27 more not listed; retrieve them via the Exa API.