Crow v. Boyd's Administrators
Supreme Court of Alabama
Error to the Circuit Court of Benton. Tried before the lion. S. C. Posey. Tens was an action of assumpsit by the plaintiff against the defendants in error, as administrators of Samuel Boyd, dec’d, to recover for the services of a slave.
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Error to the Circuit Court of Benton. Tried before the lion. S. C. Posey. Tens was an action of assumpsit by the plaintiff against the defendants in error, as administrators of Samuel Boyd, dec’d, to recover for the services of a slave. The facts will be sufficiently understood by reference to the opinion of the court. 1. Where one employs the slave of another, the law implies a contract to pay the master for the services of the slave. — Cook v. Husted, 12 Johns. 188; Houten v. Holiday, 2 Murphy 248. 2. A slave is put upon the same ground as an apprentice, and the master is entitled to…
1Opinion of the CourtBarg An, C. J.
The facts of this case, so. far, as they are material to the question raised by the bill of exceptions, are these The plaintiff recovered in an action of detinue against one R. G. Boyd, a slave, and also damages for, his detention. The slave was delivered up to the plaintiff in satisfaction of his value, as assessed by the jury, but the damages for the detention have not been paid, and the estate of R. C. Boyd, against whom the recovery was had, is insolvent. After the institution of the suit in detinue, the slave performed service for the defendant’s intestate, in whose possession he…
2Cases cited3 opinions
- Upchurch v. NorsworthySupreme Court of Alabama · 1849
- Willet v. WilletSupreme Court of Pennsylvania · 1834
- Sanders v. HamiltonCourt of Appeals of Kentucky · 1835
3Cited by10 opinions
- Smyth v. TankersleySupreme Court of Alabama · 1852
- Ivey's Adm'r v. OwensSupreme Court of Alabama · 1856
- Allen v. HarperSupreme Court of Alabama · 1855
- Southern Ry. Co. v. City of AttallaSupreme Court of Alabama · 1906
- Cook v. CookSupreme Court of Alabama · 1856
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