Brooks v. Pollard
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKinstry. This action wa.s brought by Thomas E. Pollard, against Augustus Brooks, to recover the sum of $800, paid by plaintiff to defendant, on the 12th October, 1857, as the price of a slave.
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Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKinstry. This action wa.s brought by Thomas E. Pollard, against Augustus Brooks, to recover the sum of $800, paid by plaintiff to defendant, on the 12th October, 1857, as the price of a slave. The complaint alleged, that the defendant was a negro-trader, broker, or agent for the sale of slaves, aud sold the slave without having a license, as required by the 17th sub-division of section 397 of the Code; and that the action to recover back the purchase-money was brought under section 400. The defendant pleaded the general…
1Opinion of the CourtR. W. Walker, J.
Section 397 (sub-division 17) of the Code provides, that on the payment of a special tax^ license is to be granted “to sell, offer, or expose for sale any slave, by a negroffrader, broker, or agent for the sale of slaves.” By section 399 it is provided, that if any person, “being a negro-tráder, brokei-, or agent for the sale of slaves,” sells, or offers to sell a slave, without first ob-. taining a license, he must, on conviction, be fined not less than the amount of the State tax for the license. Section 400 provides, that in addition to this penalty, “the sale of a slave by a negro-trader,…
2Cases cited1 opinion
- Brooks v. StateSupreme Court of Alabama · 1857