Pinkston v. Greene
Supreme Court of Alabama
Error to the Circuit Court of Montgomery. Trespass vi et armis, by the defendants against the plaintiffs in error. The first count of the declaration, charges an assault and battery by the wife of the defendant upon the wife of the plaintiff. The second count, charges the assault and battery to have been committed by a negro man named Bill, the slave of the defendant, by the command of his wife.
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Error to the Circuit Court of Montgomery. Trespass vi et armis, by the defendants against the plaintiffs in error. The first count of the declaration, charges an assault and battery by the wife of the defendant upon the wife of the plaintiff. The second count, charges the assault and battery to have been committed by a negro man named Bill, the slave of the defendant, by the command of his wife. The defendants pleaded the general issue, and three other pleas, upon which issues of fact were taken; and further pleaded— 5. Actio non, &e. &c., at, &c., the said Sarah Elizabeth made an assault…
1Opinion of the CourtOrmond, J.
The principal objection made to these pleas is, that the defendant’s wife could not lawfully employ the slave as an instrument in her defence. This argument is founded upon the necessary distinction, which it is alleged the law makes between free white persons and slaves, as it regards the right of self-defence — That a provocation, which, as between free white persons, would justify or excuse a resort to force, to repel an actual or threatened injury, would afford no excuse whatever to a slave under these circumstances — That he cannot repel force by force, but must trust to the law for his…
2Cases cited2 opinions
- Rake's Adm'r v. PopeSupreme Court of Alabama · 1844
- McKenzie v. JacksonSupreme Court of Alabama · 1842
3Cited by9 opinions
- Woodworth v. MillsWisconsin Supreme Court · 1884
- Strouse v. LeipfSupreme Court of Alabama · 1893
- Masterson v. MastersonSupreme Court of Alabama · 1858
- Farley, Spear & Co. v. WhiteheadSupreme Court of Alabama · 1879
- Donovan v. South & North Ala. RailroadSupreme Court of Alabama · 1885
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