Reports of Cases Argued and Adjudged in the Supreme Court of Alabama

Reports of Cases Argued and Adjudged in the Supreme Court of Alabama

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1837 edition. Excerpt: ...the liability of the two defendants in the action. The benefit of the same evidence and the same instructions, was claimed, as against them both---notwithstanding Driver appeared, from the evidence, to be plaintiff in the judgment and execution, and Flannagan, the ministerial officer, charged with the execution of the process. I take the principle to be well established, that in trespass, against two or more defendants, one may be convicted and'damages assessed against him, and another may be acquitted: that, consequently, evidence may be introduced against one, which is altogether inadmissible against the other: that a charge to the jury may be proper and necessary, in relation in reference to another: and that, in such cases, the party offering the evidence or asking such instructions, rnust shape his proposition'with the necessary discrimination between the defendants. If the judge I cannot respond affirmatively to the motion as made, he is not bound to answer it in a modified form, but, is at liberty to refuse it, until modified by the party. Then, should it appear. on further examination, that the execution in this case was, alone, a suflicient justif1cationto' Flannagan, the constable, whether it was issued on any subsisting judgment or not, (as was the opinion of the Circuit judge, ) it necessarily results, that all the proof relied upon, and the in' structions requested by the plaintiff below, were irrelevant in respect to the former. That, the instructions, as requested, if given generally, against both defendants, would have tended to the injury of Flannagan, and have been erroneous. In the examination of this case, the fact, that the pleas and issue are in short, creates some embarrassment, in as much as one of the...show more

Product details

  • Paperback | 130 pages
  • 189 x 246 x 7mm | 245g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236880250
  • 9781236880253