Heath v. Devaughn
Supreme Court of Alabama
Appeal from-the Circuit''Court of Chambers.. Tried before the Hon. Johjt Gill Shorter. The complaint in this case was in the following words : ■ “ James Heath \ The plaintiff claims of the de- ■ vs. > fendant ten thousand dollars as dam- ■ Samuel Devauglm. ) ages tor falsely and malicio usly charging him with the crime of trading with slaves, by speaking, of and concerning him, in the presence of divers persons, in substance as follows: ‘Have you not been trading with my…
Read the full summary
Appeal from-the Circuit''Court of Chambers.. Tried before the Hon. Johjt Gill Shorter. The complaint in this case was in the following words : ■ “ James Heath \ The plaintiff claims of the de- ■ vs. > fendant ten thousand dollars as dam- ■ Samuel Devauglm. ) ages tor falsely and malicio usly charging him with the crime of trading with slaves, by speaking, of and concerning him, in the presence of divers persons, in substance as follows: ‘Have you not been trading with my negroes’? (meaning the negro slaves of defendant;)' ‘You have been trading with my negroes, you old rascal,’ — - fo-wit, on…
1Opinion of the CourtStone, J.
'We deem it unneeessary, in this case, to
consider whether‘the language averred in the complaint to have been spoken by the defendant, sufficiently identifies: and charges the offense denounced by section 3285 of the Code. — See Code, '§ 2224 ; Perdue v. Burnett, Min. 138-; Shirgenegger v. Taylor, 2 Brev. 4S0. 'On another ground, we think the judgment of the circuit court must be affirmed. The punishment for trading illegally with slaves is a money fine, to which may be added imprisonment in the county jail, not exceeding six months. A mere trading with slaves, without the consent of the…
2Cases cited3 opinions
- M'Clurg v. RossSupreme Court of Pennsylvania · 1812
- Shuttleworth v. StateSupreme Court of Alabama · 1860
- Dudley v. HornSupreme Court of Alabama · 1852
3Cited by2 opinions
- Jones v. SpradlinAlabama Court of Appeals · 1920
- Shaw v. KillingsworthSupreme Court of Alabama · 1925