Opinion

Thomas v. Posey

  • 15 Ala. App. 419
  • 73 So. 747
  • 1916 Ala. App. LEXIS 212
Court
Alabama Court of Appeals
Filed
Dec 19, 1916
Status
Published
Author
Brown
On the bench
Brown
Cited by
1 cases
Authority
More cited than 44.9%

comments to the jury by counsel concerning the race of the parties held highly improper

How later courts described this case

  • comments to the jury by counsel concerning the race of the parties held highly improper

Written by the judges who cited it.

The opinion

BROWN, J.

(1, 2)

The uncontroverted evidence shows that the wagon in controversy was the property of the plaintiff, that she did not sign the mortgage held by the defendant, and that, he acquired no title or interest in the wagon through said mortgage. The mere fact that Ben Thomas, the husband of the plaintiff, used the wagon, would not impair plaintiff’s title, or

*420

afford an inference that Ben owned the wagon. In such a case, the possession will be referred to the

title.

— Rollins

v. State,

98 Ala. 79 , 13 South. 2820 .

The plaintiff’s motion for new trial should have been granted; and for the error committed by the court in refusing a new trial, the judgment of the city court is

reversed.

— Cobb

v. Malone,

92 Ala. 630 , 9 South. 738 .

(3)

That portion of the argument of defendant’s counsel excepted to was highly improper, and should have been excluded.

Reversed and remanded.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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