Bell's Adm'r v. Troy
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. Nat. Cook. This action was brought by Matthew Troy, against John A. Bell, and, on the defendant’s death pending the suit, was revived against his administrator.
Read the full summary
Appeal from the Circuit Court of Dallas. Tried before the Hon. Nat. Cook. This action was brought by Matthew Troy, against John A. Bell, and, on the defendant’s death pending the suit, was revived against his administrator. The original complaint contained three counts, and three more were afterwards added by way of amendment,making the entire complaint as follows: “ The plaintiff' claims of the defendant the sum of $20,000, as damages sustained by plaintiff by the burning of his dwelling-house, with the furniture therein, by a negro man slave, named Pleas, or Pleasant, the property of said…
1Opinion of the Court
STONE, <7.
If the slave, Pleas, burned the dwelling-house of Mr. Troy, there is no pretense that such burning was the result of negligence on his partin the performance of any act as the servant of Mr. Bell. No count in the complaint presents this view, and no part of the evidence tends to prove such state of facts. Taking the statement of the burning as given in any one of the counts of the original and amended complaint, it constitutes the crime of arson in the guilty perpetrator. — Code, § § 8185, 3188.
Section 3526 of the Code abolishes “the distinction between an accessory before the fact…
2Cases cited22 opinions
- Wright v. J. & S. WilcoxNew York Supreme Court · 1838
- Johnson v. StateSupreme Court of Alabama · 1850
- Snodgrass v. Branch Bank at DecaturSupreme Court of Alabama · 1854
- Wilkinson v. MoseleySupreme Court of Alabama · 1857
- Dargan v. Mayor of MobileSupreme Court of Alabama · 1858
17 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- McKenzie v. KillianSupreme Court of Alabama · 2004
- Drake v. Lady Ensley Coal, Iron & Railway Co.Supreme Court of Alabama · 1893
- Miller v. StateSupreme Court of Alabama · 1875
- Pruitt v. EllingtonSupreme Court of Alabama · 1877
- George D. Witt Shoe Co. v. MillsSupreme Court of Alabama · 1932
11 more not listed; retrieve them via the Exa API.