Carlisle v. Hunley
Supreme Court of Alabama
Error to the Circuit Court of Perry. Before the Hon. John Bragg. This was an 'action of detjnue, for the recovery of a slave, and was instituted by plaintiff in error, against one William Hunley, who died pending the action, and of whose estate defendant in error is administratrix.
Read the full summary
Error to the Circuit Court of Perry. Before the Hon. John Bragg. This was an 'action of detjnue, for the recovery of a slave, and was instituted by plaintiff in error, against one William Hunley, who died pending the action, and of whose estate defendant in error is administratrix. The bill of exceptions states, that the defendant offered evidence, tending to prove, that the slave in controversy, was not the property of the plaintiff, but of one Robert Carlisle, who had authorized one Henry Horn to sell him to defendant. To rebut this proof, the plaintiff introduced the said Robert Carlisle,…
1Opinion of the CourtChilton, J.
If a party desired to impeach the credit,of a witness, by proof that he has made verbal statements, out of court, contrary to what he has testified upon the trial, -to avoid surprise, and to afford him the opportunity of explanation, he should be asked as to the time,-place, and person involved in the supposed contradiction. 1 Greenl. Ev. 415; Queen’s Case, 2 Bro. & Bingham, 313; 1 Ala. Rep. 65; 13 ib. 303. This was not done in the'case before us,- and consequently, the court erred in permitting the witness, Shaffer, to controvert what Carlisle-had sworn. . ■ '
The-subsequent instruction of…
2Cases cited2 opinions
- Lewis v. PostSupreme Court of Alabama · 1840
- Ames v. SchueslerSupreme Court of Alabama · 1848
3Cited by8 opinions
- Hill v. StateSupreme Court of Alabama · 1915
- Jordan v. StateSupreme Court of Alabama · 1885
- Sparks v. StateSupreme Court of Alabama · 1953
- Bigham v. StateSupreme Court of Alabama · 1919
- Peoples Shoe Co. v. SkallySupreme Court of Alabama · 1916
3 more not listed; retrieve them via the Exa API.