Mitchell v. Mims
Texas Supreme Court
Appeal from Colorado. This was an action brought by Mims in his lifetime to recover of Mitchell the value of a negro girl aud her hire. After the case was remanded to the District Court by tiie judgment of this court at a former term, (1 Tex. It., 443,) the parties amended their pleadings. The defense relied on at tlie trial was that the negro had died, by reason of which tlie defendant was unable to restore her to the plaintiff.
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Appeal from Colorado. This was an action brought by Mims in his lifetime to recover of Mitchell the value of a negro girl aud her hire. After the case was remanded to the District Court by tiie judgment of this court at a former term, (1 Tex. It., 443,) the parties amended their pleadings. The defense relied on at tlie trial was that the negro had died, by reason of which tlie defendant was unable to restore her to the plaintiff. Tlie evidence introduced on tlie one side to prove tlie death of the negro, and on tiie other to prove that if she had come to her deatii it was in consequence of…
1Opinion of the CourtWheeler, J.
It is a sufficient answer to the first branch of the argument of the counsel for the appellant that there was no evidence which tended in any degree to inculpate the defendant in tlie commission of a felony. It is unnecessary, therefore, to consider the question whether the common-law doctrine, that where a felony has been committed it will merge tlie civil action, is applicable here to tlie felonious homicide of a slave. Although there are cases in other States of the Union in which the contrary appears to have been held, yet we incline to think the better opinion is that it is not…
2Cited by3 opinions
- Tallahassee Rail-Road v. MaconSupreme Court of Florida · 1859
- Nall v. StateSupreme Court of Alabama · 1859
- Cosgrove v. NelsonCourt of Appeals of Texas · 1925