State v. Weaver
Supreme Court of Alabama
Error to the Circuit Court of Sumter. Tried before the Hon. George W. Stone. This was a proceeding by scire facias against the defendants upon a bail bond for the appearance of James Weaver to answer to an indictment to be prefered against him, See.
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Error to the Circuit Court of Sumter. Tried before the Hon. George W. Stone. This was a proceeding by scire facias against the defendants upon a bail bond for the appearance of James Weaver to answer to an indictment to be prefered against him, See. The writ of scire facias recites that “James Weaver, being solemnly called to come into court and answer unto the State of Alabama on an indictment prefered against him for persuading and inducing a negro woman slave, named Ann, the property of John Kennedy, to leave her master’s premises and employ, with a view to lake said slave to another State…
1Opinion of the CourtChilton, J.
We think the plea in this case was bad, and constituted no bar to the prosecution of the scire facias, and that the demurrer should have been sustained to it; but as this demurrer would have reached back to the scire facias, we must look to that to determine whether it can be supported. If it cannot, the result of the case in the court below is correct, and we would not reverse, because no injury has resulted to the State.
The indictment recited in the judgment nisi, for failing to ap ■ pear and answer which, the parties defendant were put in default, is for pursuading and inducing the slave…
2Cases cited6 opinions
- Howie v. StateSupreme Court of Alabama · 1840
- Browder v. StateSupreme Court of Alabama · 1846
- Hall v. StateSupreme Court of Alabama · 1846
- Hall v. StateSupreme Court of Alabama · 1849
- Spyker v. SpenceSupreme Court of Alabama · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ewing v. SanfordSupreme Court of Alabama · 1851
- Foster v. StateSupreme Court of Alabama · 1863
- State v. EldredSupreme Court of Alabama · 1858
- Peck v. StateSupreme Court of Alabama · 1879
- Bell v. StateCourt of Criminal Appeals of Texas · 1916
3 more not listed; retrieve them via the Exa API.