Kent v. Long
Supreme Court of Alabama
Writ of Error to the Circuit Court of Butler. This was an action at the suit of the defendant in error, against the plaintiff in error. The declaration contains several counts, the first of which is in case, and alledges that the plaintiff, defendant, and one Brown, were the sureties of William Burke, in a bond for the forthcoming of a slave, named John ; which bond was such as the statute requires to be executed by a defendant in the action of detinue.
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Writ of Error to the Circuit Court of Butler. This was an action at the suit of the defendant in error, against the plaintiff in error. The declaration contains several counts, the first of which is in case, and alledges that the plaintiff, defendant, and one Brown, were the sureties of William Burke, in a bond for the forthcoming of a slave, named John ; which bond was such as the statute requires to be executed by a defendant in the action of detinue. The action in which the bond was given was brought by Daniel S. E. Starr, against Burke, for the recovery of the slave, and previous to its…
1Opinion of the CourtCollier, C. J.
The defendant, by his refusal to permit the plaintiff to take possession of the slave, and deliver him up in discharge of the suretyship, previous to the determination of the suit of Starr against Burke, and instead thereof allowing the latter to take him into possession, furnished an opportunity for his removal. These facts are alledged in the declaration, and in addition, it is stated that the plaintiff, at the expense of much time, trouble and money, recovered the slave; that he had been sold, and the proceeds, pro tanto, applied to the discharge of the judgment against Burke, for which…
2Cases cited1 opinion
- Long v. KentSupreme Court of Alabama · 1844
3Cited by5 opinions
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