Morris v. Harvey
Supreme Court of Alabama
Weit of Error to the Circuit Court of Talladega county. Detinue for a slave. The cause was determined on a demurrer to the evidence and upon the general issue. The evidence is stated at large, but may be condensed into the following facts : Charles Harvey, the plaintiff in the present action on the 26th December, 1840, was in custody of one Jeter, on a peace warrant, issued by a Justice of the Peace, at the suit of his wife.
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Weit of Error to the Circuit Court of Talladega county. Detinue for a slave. The cause was determined on a demurrer to the evidence and upon the general issue. The evidence is stated at large, but may be condensed into the following facts : Charles Harvey, the plaintiff in the present action on the 26th December, 1840, was in custody of one Jeter, on a peace warrant, issued by a Justice of the Peace, at the suit of his wife. Jeter was specially deputized to make the arrest, and two of his sons had married daughters of Harvey. When before the Justice of the Peace, Harvey offered his son Thomas…
1Opinion of the CourtGoldthwaite, J.
The right of the defendant to demur to the evidence does not appear to have been contested in the Court below; if the plaintiff in this case had refused to join in the demurrer, it may admit of doubt whether a joinder ought to have been compelled, inasmuch as the evidence offered to impeach the deed for fraud is entirely parol, and also loose, indefinite and wholly circumstantial. We mention it at this time for the purpose of indicating that it has never been held by this Court, that every case may be withdrawn from the jury, and the facts referred to the Court by a demurrer to evidence.
The…
2Cases cited4 opinions
- Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
- Swift v. FitzhughSupreme Court of Alabama · 1839
- M'Cutchen's Adm'rs v. M'CutchenSupreme Court of Alabama · 1839
- English v. LaneSupreme Court of Alabama · 1835
3Cited by16 opinions
- Holley v. YoungeSupreme Court of Alabama · 1855
- Henry v. Murphy & Co.Supreme Court of Alabama · 1875
- Williams v. HigginsSupreme Court of Alabama · 1881
- Foster v. JohnsonSupreme Court of Alabama · 1881
- Brown v. HunterSupreme Court of Alabama · 1898
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