McArthur v. Carrie's Adm'r
Supreme Court of Alabama
[DETINUE FOB SLAVES.] Appeal from, the Circuit Court of Tallapoosa. Tried before the Hon. JoHN Gill Shorter. This action was brought by "Walter W. Carrie, as administrator' of Iienry W. Carrie, deceased, to recover certain slaves, to-wit, Fanny and her four children, which were claimed by the defendant, John McArthur, under a purchase by bis father from Mrs. Amelia Carrie, the widow and administratrix in chief of said Henry W". Carrie, deceased ; and was commenced on the…
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[DETINUE FOB SLAVES.] Appeal from, the Circuit Court of Tallapoosa. Tried before the Hon. JoHN Gill Shorter. This action was brought by "Walter W. Carrie, as administrator' of Iienry W. Carrie, deceased, to recover certain slaves, to-wit, Fanny and her four children, which were claimed by the defendant, John McArthur, under a purchase by bis father from Mrs. Amelia Carrie, the widow and administratrix in chief of said Henry W". Carrie, deceased ; and was commenced on the 11th day of August, 1853. The defendant pleaded “ not guilty, in short by consent, with leave to give in evidence such…
1Opinion of the CourtStone, J.
1. The Code (§ 2264) does not require the' court to be active in assigning a struck jury, in the cases for which that mode of trial is provided. . It is only when one of the parties makes the necessary demand, that the court is called upon to order the selection of a jury according to the provisions of the section we are considering. It follows from this, that immediately after the parties have announced themselves ready for trial, and before any steps have been taken therein, the party desiring a struck jury must make the demand; and if he delay until the organization of the jury has been…
2Cases cited17 opinions
- Rhodes v. TurnerSupreme Court of Alabama · 1852
- Lay's v. Lawson's Adm'rSupreme Court of Alabama · 1853
- Butler v. O'BrienSupreme Court of Alabama · 1843
- Harvey v. ThorpeSupreme Court of Alabama · 1856
- Williamson v. WilliamsonNew York Court of Chancery · 1815
12 more not listed; retrieve them via the Exa API.
3Cited by97 opinions
- Boshell v. KeithSupreme Court of Alabama · 1982
- Ex Parte Liberty Nat. Life Ins. Co.Supreme Court of Alabama · 2002
- Goodman v. WinterSupreme Court of Alabama · 1879
- Rector v. Better Houses, Inc.Supreme Court of Alabama · 2001
- Wilkerson v. WilkersonSupreme Court of Alabama · 1935
92 more not listed; retrieve them via the Exa API.