McConnell v. Hardeman
Supreme Court of Arkansas
Error to Johnson Oi/row/b Oov/rt. The lion. A. B. GkeeNWOOD, Circuit Judge.. Unless tbe master actually command or consent to tbe trespass committed by bis servant of slave, an action of trespass cannot be maintained tberefor against bim. 1 Oh. PI. {Ed. of 1809) 18% Johnson vs. Gastleman, 2 Pana B. 378/ Middleton vs. JBowler, 1 Salic. Pep. 182/ Puryear vs. Thompson, S JEDimph. Pep. 399/ Wright vs. Weatherby, 7 Yerg. 378/ Ohureh vs. Mansfield, 20 Corm.
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Error to Johnson Oi/row/b Oov/rt. The lion. A. B. GkeeNWOOD, Circuit Judge.. Unless tbe master actually command or consent to tbe trespass committed by bis servant of slave, an action of trespass cannot be maintained tberefor against bim. 1 Oh. PI. {Ed. of 1809) 18% Johnson vs. Gastleman, 2 Pana B. 378/ Middleton vs. JBowler, 1 Salic. Pep. 182/ Puryear vs. Thompson, S JEDimph. Pep. 399/ Wright vs. Weatherby, 7 Yerg. 378/ Ohureh vs. Mansfield, 20 Corm. Pep. 287. Tbe second and third counts, each fail to allege that tbe horse was of any value; wbicb is a fatal defect. See 1 Esp, ED. P {N. York…
1Opinion of the Court
„Ir. Chief Justice WateiNS
delivered the opinion of tbe Court*
Tbe plaintiff in error sued tbe defendant in trespass, for tbe tortious act of bis slave in taking. the plaintiff’s horse. Tbe case went off in tbe Court below upon demurrer to the declaration, which was adjudged insufficient. The second count does not vary materially from the first in setting out the cause of action. The third charges the trespass to have been committed by the defendant in person. But these two counts are defective in failing to describe the property other than as the plaintiff’s horse, containing no averment that…
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- T. & W. Brandon v. Planters & Merchants' Bank of HuntsvilleSupreme Court of Alabama · 1828
- Cawthorn v. DeasSupreme Court of Alabama · 1835
3Cited by1 opinion
- Bone v. StateSupreme Court of Arkansas · 1856