State v. . Hoover

Clark, J.:

The contract, as testified to by the prosecutor, was as follows: “Jackson was to cultivate certain of the prosecutor’s land, amounting to about eight or nine acres, for the year 1890, and pay him as rental the sum of $33, or one 400-pound bale of cotton, with the understanding that Jackson was to work for the prosecutor whenever he needed Jackson, and he (Jackson) could leave his own crop, at fifty cents a day.”

We think the relation of master and servant did not exist, for the reason that Jackson was not in the employment of the prosecutor. The relation between them was- that of…