Legal Opinion

Middleton v. Holmes

Supreme Court of Alabama

Decided June 15, 1836PublishedCited by 4 opinions

QUESTIONS II? THIS CASE. Relative to averments in a declaration in trespass, for hilling a slave. Relative to pleas, in such action. This was an action of trespass, for killing a slave, prosecuted by Holmes, in Pickens Circuit Court, against the plaintiff in error. The declaration was-in the usual form; and contained no averment, that the defendant had been tried by the State, for the of-fence.

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QUESTIONS II? THIS CASE. Relative to averments in a declaration in trespass, for hilling a slave. Relative to pleas, in such action. This was an action of trespass, for killing a slave, prosecuted by Holmes, in Pickens Circuit Court, against the plaintiff in error. The declaration was-in the usual form; and contained no averment, that the defendant had been tried by the State, for the of-fence. To the action, the defendant plead several pleas,to one of which the plaintiff demurred. The de~-fence relied on, in this plea, was, that the defendant, being a constable, had received a warrant from a…

1Opinion of the CourtHopkins, J.

This was an action of trespass, which was brought against the plaintiff in error, by Thomas Holmes, for killing his slave. After a de murrer to the pleas of the defendant to the action, had been sustained by the Court, a final judgment was rendered upon a verdict on the general issue, against him. That the Court erred, in the judgment on demurrer, is one of the errors which have been assigned.

It is pn established rule, that, upon a demurrer to a defective plea, the Court ought to give judgment against the plaintiff, if his declaration be defective in substance. All the facts necessary for the…

2Cited by4 opinions

  1. Martin's v. MartinSupreme Court of Alabama · 1854
  2. Bell's Adm'r v. TroySupreme Court of Alabama · 1859
  3. Fail's Administrator v. Presley's AdministratorSupreme Court of Alabama · 1874
  4. Minor v. StateMississippi Supreme Court · 1872

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