Tate v. McCrary
Supreme Court of Alabama
Error to tbe Circuit Court of Pickens. Tried before tbe Hon. ¥m. R. Smith. This was an action of DETINUE, brought by tbe plaintiffs in error for tbe recovery of certain slaves. To show title in themselves, tbe plaintiffs offered to introduce a certified copy of a deed, which tbe court, upon the objection of tbe defendant, excluded.
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Error to tbe Circuit Court of Pickens. Tried before tbe Hon. ¥m. R. Smith. This was an action of DETINUE, brought by tbe plaintiffs in error for tbe recovery of certain slaves. To show title in themselves, tbe plaintiffs offered to introduce a certified copy of a deed, which tbe court, upon the objection of tbe defendant, excluded. Tbe plaintiffs excepted to tbe ruling of tbe court, and tendered their bill of exceptions, which was signed and sealed by tbe presiding judge; and tbe plaintiffs then took a non-suit. Tbe language of the judgment entry is as follows, viz: “ This day came the…
1Opinion of the CourtDargan, C. J.
— Tbe courts of this State have no right to order a non-suit against tbe wishes of tbe plaintiff, and therefore it was, that a writ of error did not lie to review a judgment of non-suit taken with tbe consent of tbe plaintiff. This being tbe state of tbe law, an act was passed on tbe 6th *500February, 1846, wbicb provides, 11 that in all cases where it may be necessary for a plaintiff in any proceeding at law to enter a non-suit, by reason of the determination of the court upon a matter of law, it shall be lawful for such plaintiff to move the Supreme Court, at the ensuing term, to set aside such…
2Cases cited1 opinion
- Knox's Distributees v. SteeleSupreme Court of Alabama · 1851
3Cited by6 opinions
- Mobile Light & Railroad Co. v. PortissSupreme Court of Alabama · 1915
- Long v. HolleySupreme Court of Alabama · 1908
- Kennedy v. Lyric Theatre Co.Supreme Court of Alabama · 1925
- Rogers's Administrator v. JonesSupreme Court of Alabama · 1874
- Downs v. MinchewSupreme Court of Alabama · 1857
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