Freeman v. Scurlock
Supreme Court of Alabama
Appeal from the Circuit Court of Macon. Tried before the Hon. Robert Dougherty. This action was brought by Holman Freeman, the appellant, against William L. Scurlock and Thomas Cliett, to recover damages for the conversion of two slaves, Lucy and her infant child. As the substance of the evidence is embodied in the opinion of the court, it is unnecessary to state it in this place.
Read the full summary
Appeal from the Circuit Court of Macon. Tried before the Hon. Robert Dougherty. This action was brought by Holman Freeman, the appellant, against William L. Scurlock and Thomas Cliett, to recover damages for the conversion of two slaves, Lucy and her infant child. As the substance of the evidence is embodied in the opinion of the court, it is unnecessary to state it in this place. The charge of the court, which is here assigned for error, was, “ that if the jury believed all the evidence offered by the plaintiff, to show a conversion by the defendants, it was not sufficient to establish a…
1Opinion of the CourtChilton, C. J.
1. His Honor charged the jury, that the evidence was not sufficient to make out a conversion of the slaves, against either of the defendants. This charge can only be supported, in cases where, had the party in whose favor it was given demurred to the evidence, the judge might properly have sustained the demurrer. In such case, as the party demurring to the evidence is required to admit as a fact what the evidence tends reasonably to - establish, so that the duty of trying the facts shall not be devolved upon the court, but merely the duty of declaring the law arising upon them, (Bryan v. The…
2Cases cited1 opinion
- Belt v. MarriottCourt of Appeals of Maryland · 1850
3Cited by17 opinions
- Bolling v. Kirby & BrotherSupreme Court of Alabama · 1890
- Gunder v. TibbitsIndiana Supreme Court · 1899
- Gilbreath v. JonesSupreme Court of Alabama · 1880
- Loeb & Brother v. Flash Bros.Supreme Court of Alabama · 1880
- Rowland & Co. v. PlummerSupreme Court of Alabama · 1874
12 more not listed; retrieve them via the Exa API.