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35 Ala. 328

Glawson v. Wiley

Supreme Court of Alabama

Decided June 15, 1859

Supreme Court of Alabama · decided 1859-06-15

Tried before the Hon. John Gill Shorter. This action was brought by J. McCaleb Wiley, against James Glawson, to recover damages for a breach of warranty of the soundness of a slave, named Phyllis, sold by defendant to plaintifi on the 18th February, 1856. The cause was tried on issue joined, but the record does not show what pleas were filed.

Relies on Liles v. State · Walker v. Blassingame · Fuller v. Dean

Good law ✅— No negative treatment on recordhow we know

Decided 1859-06-15

How this case has been cited

Cited by 6 later decisions — most recently November 1932

6 state decisions

20185918601870188018901900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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STONE, J.

¶1The rule is settled in this State, that if specific grounds of objection be interposed to the admissibility of evidence, this court will not consider any other grounds than those specified. In such case, if we should be of opinion that there existed other and sufficient grounds of exclusion; still, if there be nothing in the objections stated in the court below, this will furnish no-ground of reversal. — Chamberlain v. Masterson, 29 Ala. 299 ; Walker v .Blassingame, 17 Ala. 810. In this case, the objection was not that the admissions of Mrs. Glawson were received in evidence against her husband. The ground specified was, that the defendant was not shown to have been present when the admission was made. We think the record sufficiently shows his presence to let the evidence go before the jury. It was for them to determine whether he, in fact, did hear the remark. On this depended its pertinence and effect as an admission implied from silence. — Fuller v. Dean, 31 Ala. 654. We need not, and do not, determine whether, if the question were properly before us, the admission made by Mrs. Glawson was proper evidence in this cause. — Liles v. The State, 30 Ala. 24.

¶2Judgment of the circuit court affirmed.

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