English's Ex'r v. McNair's Admr's
Supreme Court of Alabama
Appeal from tlie Circuit Court of Dallas. Tried before the Hon. E. “W. Pettus. This action was brought by Ashley W. Spaight, as administrator, Mrs. Matilda M. George, as administratrix, and James George, the husband of said Matilda, as joint administrator in right of his wife, of Mrs. Letitia A. McNair, deceased, against the executor of Robt. J. English, deceased, to recover certain slaves and other personal property, together with damages for their detention.
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Appeal from tlie Circuit Court of Dallas. Tried before the Hon. E. “W. Pettus. This action was brought by Ashley W. Spaight, as administrator, Mrs. Matilda M. George, as administratrix, and James George, the husband of said Matilda, as joint administrator in right of his wife, of Mrs. Letitia A. McNair, deceased, against the executor of Robt. J. English, deceased, to recover certain slaves and other personal property, together with damages for their detention. The only plea was the general issue, “ with leave to give in evidence any matter which could be pleaded in bar;” and like leave to the…
1Opinion of the CourtA. J. Walker, C. J.
Section 2274 of the Cod'e prohibits the giving of a charge to the jury upon the effect of the testimony, unless the court is required to give such a charge by one of the parties. Section 2855 of the Code says, that “charges, moved for by either party, must be in writing.” An affirmative charge, upon the effect of the entire evidence, in favor of the plaintiff, was given by the court below. It does not appear from the bill of exceptions whether that charge was or was not given upon the request of the plaintiff, nor, if given upon request, whether it was orally asked, or “moved for” in-writing.…
2Cases cited12 opinions
- Graham v. LockhartSupreme Court of Alabama · 1845
- Savage v. BenhamSupreme Court of Alabama · 1849
- Fambro v. GanttSupreme Court of Alabama · 1847
- Kavanaugh v. ThompsonSupreme Court of Alabama · 1849
- Swink's Adm'r v. SnodgrassSupreme Court of Alabama · 1850
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Raisler v. Mayor of AthensSupreme Court of Alabama · 1880
- Edgar v. StateSupreme Court of Alabama · 1869
- Bell v. AllenSupreme Court of Alabama · 1875
- Malone v. HundleySupreme Court of Alabama · 1875
- Norton v. StateWashington Supreme Court · 1918
8 more not listed; retrieve them via the Exa API.