Martin v. Everett
Supreme Court of Alabama
Writ of Error to the Circuit Court of Perry. This was an action of assumpsit at the suit of the defendant in error. The cause was tried by a jury, who returned a verdict for the plaintifF, on which judgment was rendered.
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Writ of Error to the Circuit Court of Perry. This was an action of assumpsit at the suit of the defendant in error. The cause was tried by a jury, who returned a verdict for the plaintifF, on which judgment was rendered. From a bill of exceptions sealed at the instance of the defendant, it appears that evidence was adduced tending to prove that the defendant employed the plaintiff as an overseer for twelve months, from the 1st day of February, 1845, at $25 per month, or $300 per year ; but ’other testimony was offered, showing that the defendant hired the plaintiff by the month, at $25, and…
1Opinion of the CourtCollier, C. J.
Conceding that the evidence may have shown some neglect of duty, on the part of the plaintiff, after the maltreatment of the slave in April or May, and previous to the neglect which induced his dismissal in September, yet if the defendant overlooked that outrage, and still continued the plaintiff in his employment, he could not justify his action, some four months afterwards upon that ground. In Roberts v. Brownrigg, 9 Ala. Rep. 106, we said, that drunkenness would authorize an employer to dismiss his overseer, but that a single act of intemperance would be considered as forgiven, if he was…
2Cases cited2 opinions
- Davis v. AyresSupreme Court of Alabama · 1846
- Roberts v. BrownriggSupreme Court of Alabama · 1846
3Cited by5 opinions
- Woodrow v. HawvingSupreme Court of Alabama · 1894
- Bassett v. FrenchNew York Court of Common Pleas · 1895
- Marx v. MillerSupreme Court of Alabama · 1901
- Hall v. GoodsonSupreme Court of Alabama · 1858
- McGehee v. WalkeSupreme Court of Alabama · 1849