Glaze v. Blake
Supreme Court of Alabama
Appeal from tlie Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. This action was brought by Mary Blake, against J. T. Glaze, to recover a mule, together with damages for its detention ; and was commenced before a justice of the peace, on the 2d February, 1875. On the trial, the justice rendered a judgment for tlie plaintiff, assessing the value of the mule at sixty-five dollars.
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Appeal from tlie Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. This action was brought by Mary Blake, against J. T. Glaze, to recover a mule, together with damages for its detention ; and was commenced before a justice of the peace, on the 2d February, 1875. On the trial, the justice rendered a judgment for tlie plaintiff, assessing the value of the mule at sixty-five dollars. The case was then carried by the defendant, by certiorari granted by the judge of probate, into the Circuit Court, where a trial was had, de novo, and the defendant reserved the following bill of…
1Opinion of the CourtStone, J.
The objection to the evidence of the witness Morgan, in this case, was to the mass. Mary Blake’s statement to him of her intention to purchase a mule, and Ned Blake’s statement afterwards, referring to the mule in controversy, “that he had bought said mule for the plaintiff,” were each illegal evidence. They were simply hearsay, being unsworn statements, and coming within no rule which allows statements made accompanying an act to be proved as part of the res geske. There was no act or fact being submitted to the jury, of which they were explanatory. Hence, if the objection had been made to…
2Cases cited13 opinions
- McLemore v. NuckollsSupreme Court of Alabama · 1861
- Pinkston v. McLemoreSupreme Court of Alabama · 1857
- Vaughan v. RobinsonSupreme Court of Alabama · 1853
- Crabtree v. CliattSupreme Court of Alabama · 1853
- Hart v. TurkSupreme Court of Alabama · 1849
8 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Woolf v. McGaughSupreme Court of Alabama · 1911
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1881
- Morgan v. StateSupreme Court of Alabama · 1889
- Western Railway Co. v. LazarusSupreme Court of Alabama · 1889
- Louisville & Nashville Railroad v. BarkerSupreme Court of Alabama · 1892
16 more not listed; retrieve them via the Exa API.