Sutherland v. Goff
Supreme Court of Alabama
In error to the County Court of Morgan county. In-this case, the plaintiff came, and said there was error in the proceedings and judgment of the Court below, Because, 1st. Martha T. Goff, instead of her ward, was made plaintiff in th.e writ. 2. In the declaration .also, 3. That the judgment was in her favor. 4. There was a misjoinder of counts, the first or two first, alleging a supposed cause of action in favor of the ward, and the last in her own right. 5. There was no…
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In error to the County Court of Morgan county. In-this case, the plaintiff came, and said there was error in the proceedings and judgment of the Court below, Because, 1st. Martha T. Goff, instead of her ward, was made plaintiff in th.e writ. 2. In the declaration .also, 3. That the judgment was in her favor. 4. There was a misjoinder of counts, the first or two first, alleging a supposed cause of action in favor of the ward, and the last in her own right. 5. There was no cause of action stated in the declaration, as the defendant below was not first proceeded against at the suit of the State,…
1Opinion of the CourtOrmond, J.
This is an action of assumpsit, brought by Martha T. Goff, guardian of Eliza A. Goff, against John Sutherland.
The declaration, in substance, recites, that the defendant hired of the plaintiff, as guardian, a negro girl, the property of the ward, and agreed to treat the slave with care and humanity, and to re*512turn her at the end of the year; but that by his negligence, want of care, diligence and attention, the negro died, and that in consideration thereof, he undertook and promised to pay the plaintiff, as guardian, such sum of money as one Isaac Lane, should determine to be the -value of the…
2Cited by3 opinions
- Hooks v. SmithSupreme Court of Alabama · 1850
- Hart v. TurkSupreme Court of Alabama · 1849
- Newton v. NuttSupreme Court of New Hampshire · 1879