Branch Bank at Decatur v. Kinsey
Supreme Court of Alabama
Ejmoit to the Circuit Court of Lawrence. Original attachment v. Joshua T. Kinsey, by the plaintiff in error, which was levied on certain slaves. To the property thus levied on, John M. Kinsey set up a claim, by affidavit, under the statute, and gave bond to try the right of property ; and the cause coming on to be tried, a verdict and judgment was rendered for the claimant.
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Ejmoit to the Circuit Court of Lawrence. Original attachment v. Joshua T. Kinsey, by the plaintiff in error, which was levied on certain slaves. To the property thus levied on, John M. Kinsey set up a claim, by affidavit, under the statute, and gave bond to try the right of property ; and the cause coming on to be tried, a verdict and judgment was rendered for the claimant. Pending the trial, a bill of exceptions was taken, from which it appears, that the Bank proved the slaves in controversy to have been in the possession of the defendant in the attachment, at the time of the levy by the…
1Opinion of the CourtOrmond, J.
Previous to an examination of this cause, it is necessary to settle which of the two bills of exceptions found in the record, is to be considered by this Court as the true bill of exceptions in the cause.
The manner in which a bill of exceptions shall be taken, and its effect when allowed by the Court, are regulated by statute. «If in the trial of any cause, either the plaintiff or defendant shall think himself aggrieved by the direction or decision of any Judge of any of the Courts in this Territory, the party so considering himself aggrieved, may, in person or by his counsel, tender to the…
2Cited by20 opinions
- Hubbard v. AllenSupreme Court of Alabama · 1877
- Rogers v. VerlanderWest Virginia Supreme Court · 1888
- Houston v. BlackmanSupreme Court of Alabama · 1880
- Ex parte NelsonSupreme Court of Alabama · 1878
- Troy v. Smith & ShieldsSupreme Court of Alabama · 1859
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