Garner v. Bridges
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. This action was brought by John Bridges, against John H Garner, to recover damages for an alleged trespass, which consisted in causing the levy of an attachment against one John L. Bridges, who was a son of the plaintiff, to be made on a slave which the plaintiff claimed under a purchase from said John L. Bridges prior to the levy of the attachment.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. This action was brought by John Bridges, against John H Garner, to recover damages for an alleged trespass, which consisted in causing the levy of an attachment against one John L. Bridges, who was a son of the plaintiff, to be made on a slave which the plaintiff claimed under a purchase from said John L. Bridges prior to the levy of the attachment. The defendant pleaded the- general issne, “in short by consent, with leave to give any special matter in evidenceand issue was joined on that plea. The plaintiff’s bill…
1Opinion of the CourtR. W. Walker, J.
As the vendor was examined as a witness for his vendee, it is plain that he must have known of the existence of the suit. But it is not shown that he was formally and seasonably informed by the vendee of the pendency of the suit, and required to defend it. To say the least, it admits of question, whether the ven*278dor’» mere .knowledge of the existence of tire suit' will suffice to make: the judgment evidence ■ against, him, in favor of his vendee, of the facts on which it is founded. — 3 Phill. Ev. (C. & H.'s Notes, 2d ed.) 816-17, 982-4; 1 Greenl. Ev. §§ 394, 397, (note 2,) 404 ; 2 Smith’s…
2Cases cited3 opinions
- Rupert & Cassity v. Elston'sSupreme Court of Alabama · 1859
- Zackowski v. JonesSupreme Court of Alabama · 1852
- Holman v. ArnettSupreme Court of Alabama · 1836
3Cited by2 opinions
- Russell v. BushSupreme Court of Alabama · 1916
- Murphy v. Butler, Pitkin & Co.Supreme Court of Alabama · 1883