Roberts v. Fleming
Supreme Court of Alabama
Appeal from tbe Circuit Court of Talladega. Tried before tbe Hon. E. W. Pettus. This action was brought by Tbos. G-. Fleming, against Joseph M. Roberts, to recover damages for the defendant’s breach of warranty of the soundness of a slave, named Frances, bought by plaintiff from defendant in December, 1858. The bill of sale for the slave was in the usual form, recited a consideration of $1000 as the price, and contained a warranty both of soundness and title, in the usual…
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Appeal from tbe Circuit Court of Talladega. Tried before tbe Hon. E. W. Pettus. This action was brought by Tbos. G-. Fleming, against Joseph M. Roberts, to recover damages for the defendant’s breach of warranty of the soundness of a slave, named Frances, bought by plaintiff from defendant in December, 1858. The bill of sale for the slave was in the usual form, recited a consideration of $1000 as the price, and contained a warranty both of soundness and title, in the usual form. Before entering on the trial, as appears from the bill of exceptions, the defendant moved the court to suppress the…
1Opinion of the CourtBice, C. J.
— The statements contained in the return of a commissioner appointed to take the deposition of a witness, in relation to the execution of the power conferred by the commission, are to be taken as true, until proof to the contrary is adduced. — Code, § 2323; King v. King, 28 Ala. R. 315, and authorities therein cited. In the absence of evidence to the contrary, the presumption is, that every act shown by the return to have been done by the commissioner, in the execution of the power conferred on him by the commission, was done according to law. In such case, the courts must apply the maxim, “…
2Cases cited3 opinions
- Milton v. RowlandSupreme Court of Alabama · 1847
- Hogan v. ThoringtonSupreme Court of Alabama · 1839
- Ulmer v. AustillSupreme Court of Alabama · 1839
3Cited by4 opinions
- Douglas v. BeasleySupreme Court of Alabama · 1866
- Lewis v. PaullSupreme Court of Alabama · 1868
- Cage & Salter v. PhillipsSupreme Court of Alabama · 1862
- Holloway v. CottenSupreme Court of Alabama · 1859