Napier v. Barry

Supreme Court of Alabama

Napier v. Barry

24 Ala. 511

DecidedJanuary 15, 1854

StatusPublished

This text of 24 Ala. 511 (Napier v. Barry) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Napier v. Barry, 24 Ala. 511 (Ala. 1854).

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Opinion

GOLDTHWAITE, J.

There is no error in the record.— The witness was competent, in the present case, to prove his own agency (Green. Ev. § 416); and conceding that the deposition established the fact, that the slave was sold under attachment against the witness, there is no evidence to show that he consented to the levy or sale, and the case is thus brought directly within the principle of Bush v. McGee, 4 Ala. 710. Having no interest which would disqualify him, no release was necessary.

The judgment is affirmed.

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GOLDTHWAITE, J.

There is no error in the record.— The witness was competent, in the present case, to prove his own agency (Green. Ev. § 416); and conceding that the deposition established the fact, that the slave was sold under attachment against the witness, there is no evidence to show that he consented to the levy or sale, and the case is thus brought directly within the principle of Bush v. McGee, 4 Ala. 710. Having no interest which would disqualify him, no release was necessary.

The judgment is affirmed.

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Bluebook (online)

24 Ala. 511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/napier-v-barry-ala-1854.

Opinion

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