Brooks v. Ashburn
Supreme Court of Georgia
Trespass, in Macon Superior Court. Tried before Judge Warren, September Term, 1850. This was an action of trespass, brought by Edward Brooks against John C. Ashburn, for the value of a negro man. The plaintiff’s case showed that Ashburn and one Drawhorn went to the house of one Lockett, on the Sabbath day, in search of a runaway negro of Drawhorn’s. Seeing some negroes collected, they approached them, when the negroes ran in different directions.
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Trespass, in Macon Superior Court. Tried before Judge Warren, September Term, 1850. This was an action of trespass, brought by Edward Brooks against John C. Ashburn, for the value of a negro man. The plaintiff’s case showed that Ashburn and one Drawhorn went to the house of one Lockett, on the Sabbath day, in search of a runaway negro of Drawhorn’s. Seeing some negroes collected, they approached them, when the negroes ran in different directions. Ashburn pursued one, and Drawhorn another. Draw-horn struck the negro of plaintiff, and killed him. The value of the negro $800. Plaintiff offered…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
[1:] The first ground of error taken in the record to the judgment of the* Court below, which we shall consider, is the admission of the evidence offered by the defendant, as a justification under the Patrol Laws of this State. This defence was not specially set forth in the defendant’s answer, he having only plead the general issue to the plaintiff’s action. The question is, whether this evidence of justification was admissible, under the plea of the general issue ?
The defendant relies on the 44th section of the Act of 1770, relating to slaves,…
2Cases cited1 opinion
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