Legal Opinion

Townsend v. Jeffries' Executors

Supreme Court of Alabama

Decided January 15, 1850PublishedCited by 1 opinion

Error to the Circuit Court of Madison. Tried before the Hon. Thomas A. Walker. The defend- . ants below filed three or four pleas. To two there were demurrers. These demurrers were not acted on by the court. The judgment entry recites that the parties came by their attornies, and also that a jury was empanelled.

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Error to the Circuit Court of Madison. Tried before the Hon. Thomas A. Walker. The defend- . ants below filed three or four pleas. To two there were demurrers. These demurrers were not acted on by the court. The judgment entry recites that the parties came by their attornies, and also that a jury was empanelled. The entry further recites that the jury was sworn to ascertain and assess the plaintiff’s damages, when the jury should have been sworn to try the issues between the parties. In thus swearing the jury the court wholly disregarded our pleas, and in fact turned us and our pleas out of…

1Opinion of the Court

CHILTON, J,

This was'an action of trespass* instituted by the executors of Jeffries against the plaintiffs in error, for beating and wounding a slave, per quod, &c. The defendants pleaded separately. “1. Not guilty: 2. That they only punished said negro slave reasonably and moderately for having killed and used, and for injuring their hogs, or the hogs of some-of the defendants: 3d. That the punishment mentioned was authorised by said plaintiffs, or by their agent in that behalf.” The record then recites — “ 1. Replication and issue as to first plea: 2d. General demurrer as to second and third…

2Cases cited1 opinion

  1. McRae v. TillmanSupreme Court of Alabama · 1844

3Cited by1 opinion

  1. Dobbin v. HubbardSupreme Court of Arkansas · 1856

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