Rochelle v. Harrison
Supreme Court of Alabama
Error to Lowndes Circuit court. Detinue for slaves, tried by Pickens, J. An action of detinue, was instituted by Harrison, against Elizabeth B. and James Rochelle, for the recovery of two negro slaves. The defendants pleaded the general issue; and at the trial, a verdict was returned in favor of the plaintiff, against Elizabeth B., and in favor of the other defendant; on which judgment was rendered.
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Error to Lowndes Circuit court. Detinue for slaves, tried by Pickens, J. An action of detinue, was instituted by Harrison, against Elizabeth B. and James Rochelle, for the recovery of two negro slaves. The defendants pleaded the general issue; and at the trial, a verdict was returned in favor of the plaintiff, against Elizabeth B., and in favor of the other defendant; on which judgment was rendered. The plaintiff claimed title to the slaves, by shewing a written agreement between himself and one George Rochelle, the husband of the defendant, Elizabeth, executed in April, eighteen hundred and…
1Opinion of the CourtGoldthwaite, J.
— It is insisted, that the evidence admitted by the Circuit court, of the request made of Harrison by Mrs. Rochelle, and his answer ought to have *355been excluded, as the admission of a feme covert is not evidence to charge the husband or his estate, unless made at a time when acting under his authority as an agent. The rule is unquestionable, that the husband can only be charged by the wife, in consequence of some authority actually given, or necessarily implied, from the circumstances under which she acts—(Hawkins vs. Hatten, 2 Nott & McCord, 374; Denn vs. White et ux. 7 Term. R. 112; Sheppard…
2Cases cited1 opinion
- Phelps v. DeckerMassachusetts Supreme Judicial Court · 1813
3Cited by10 opinions
- Hoeser v. KraekaTexas Supreme Court · 1867
- Halfman's v. Ellison & SonsSupreme Court of Alabama · 1874
- Morris v. HallSupreme Court of Alabama · 1868
- State v. MatthewsSupreme Court of New Hampshire · 1859
- Bolling v. JonesSupreme Court of Alabama · 1880
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