Buckley v. Cunningham
Supreme Court of Alabama
Appeal from the Circuit Court of Shelby. Tried before the Hon. A. A. ColemaN. This action was brought by Wm. L. Buckley, against Columbus Cunningham and LaEayette Morrow, to recover damages for a breach of warranty of the soundness of a slave, named Will. The only plea was the general issue. On. the trial, as appears from the bill of exceptions, the plaintiff offered in evidence the depositions of Dr. F. A. Boss, Dr. J. C. Nott, John P. Smith, and Wm. McCall.
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Appeal from the Circuit Court of Shelby. Tried before the Hon. A. A. ColemaN. This action was brought by Wm. L. Buckley, against Columbus Cunningham and LaEayette Morrow, to recover damages for a breach of warranty of the soundness of a slave, named Will. The only plea was the general issue. On. the trial, as appears from the bill of exceptions, the plaintiff offered in evidence the depositions of Dr. F. A. Boss, Dr. J. C. Nott, John P. Smith, and Wm. McCall. Dr. Ross’ deposition contained the following (with other) statements: “On the 19th March, 1856,1 was called upon to visit a negro man,…
1Opinion of the Court
B.. W. "WALKER,, J.
Those parts of the depositions of Smith and McCall which were excluded by the court, were mere hearsay, and therefore properly rejected. So, *71also, was that part of the deposition of Ross, in which he refers to the negro. Will as one recently purchased by Buckley, as he understood at the time.
[2.] The statement of the same witness, that after his visit to the negro, he expressed the opinion to Buckley that the boy could not have been sound at the time Buckley purchased him, was clearly inadmissible.
The answer of the witness Knox to the last interrogatory was responsive to…
2Cases cited1 opinion
- Spence v. MitchellSupreme Court of Alabama · 1846
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