Legal Opinion

Gunter v. Leckey

Supreme Court of Alabama

Decided January 15, 1857PublishedCited by 46 opinions

Appeal from the Circuit Court of Lawrence. Tried before the Hon. SydeNHAM Mooee. This action was brought by William Gunter against William D. Leclcey, to recover damages for the conversion of two slaves, named Addison and Harriet.

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Appeal from the Circuit Court of Lawrence. Tried before the Hon. SydeNHAM Mooee. This action was brought by William Gunter against William D. Leclcey, to recover damages for the conversion of two slaves, named Addison and Harriet. The defendant pleaded, in short by consent, 1st, not guilty; 2d, that plaintiff, on the 25th November, 1858, in this State, being then a negro-trader, sold said two slaves to defendant without a license; 3d, that plaintiff, on the day last mentioned, and in said county, being a negro-trader, and then and there engaged in the business of selling slaves, sold and…

1Opinion of the Court

RIGE, O. J.

Section 399 of the Code 'declares, that if any person, “being a negro-trader, broker or agent for the sale of slaves, sells, offers, or exposes for sale, any slave, without first obtaining a license therefor from the proper authority, he is guilty of a misdemeanor, and, on conviction, must be fined not less than the State tax as fixed in this article for such license.” Section 400 declares, that, “in addition to the penalties provided by the preceding section, the sale of a slave by a negro-trader, broker, or agent for the sale of slaves, is void as to the seller, and the…

2Cases cited5 opinions

  1. Phalen v. ClarkSupreme Court of Connecticut · 1849
  2. Stewart v. ConnerSupreme Court of Alabama · 1846
  3. McGehee v. LindsaySupreme Court of Alabama · 1844
  4. Cameron v. Clarke, Smith & Co.Supreme Court of Alabama · 1847
  5. Foreman v. HardwickSupreme Court of Alabama · 1846

3Cited by46 opinions

  1. Woods & Co. v. ArmstrongSupreme Court of Alabama · 1875
  2. Tidwell v. StateSupreme Court of Alabama · 1881
  3. Reed v. JohnsonWashington Supreme Court · 1901
  4. State v. AlbartySupreme Court of North Carolina · 1953
  5. Douglass v. Mutual Ben. Health & Accident Ass'nNew Mexico Supreme Court · 1937

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