Jones v. Nirdlinger
Supreme Court of Alabama
Error to tbe Circuit Court of Madison. Tried before tbe Hon. Thos. A. Walker. Tbis was an action of assumpsit by tbe plaintiff in error against tbe defendant. G-eueral issue, and verdict for tbe defendant.
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Error to tbe Circuit Court of Madison. Tried before tbe Hon. Thos. A. Walker. Tbis was an action of assumpsit by tbe plaintiff in error against tbe defendant. G-eueral issue, and verdict for tbe defendant. It appears, from a bill of exceptions sealed upon tbe trial, tbat tbe plaintiff proved tbat tbe money sued for was paid over to tbe defendants by a negro man, tbe slave of tbe plaintiff; tbat tbe slave was allowed by bis master, the plaintiff, to hire bis owji time, make contracts, &c., and to keep wbat he made, paying bis master hire. Tbe proof showed tbat tbe slave was employed by the…
1Opinion of the CourtChilton, J.
After a careful examination of this case and the authorities cited, we are satisfied that the court below properly refused to exclude the declarations of the slave.
The master sought to recover money which the slave had paid to the defendants. The proof showed that the slave hired his own time from his master, and was permitted by him to make contracts for himself, and to receive what he made. It therefore became necessary to ascertain the nature of this payment, in order to determine the rights of the parties growing out of it; for, although the slave and the property he may possess, alike…
2Cases cited3 opinions
- Rowland v. WalkerSupreme Court of Alabama · 1851
- Mauldin v. MitchellSupreme Court of Alabama · 1848
- Shanklin v. JohnsonSupreme Court of Alabama · 1846
3Cited by4 opinions
- Travelers' Ins. Co. v. WhitmanSupreme Court of Alabama · 1918
- Webb v. KellySupreme Court of Alabama · 1861
- Broadhead v. JonesSupreme Court of Alabama · 1863
- Diffenbacher v. Lake Shore Coach Co.Ohio Court of Appeals · 1948