Barney v. Bush
Supreme Court of Alabama
Error to the Circuit Court of Washington. - This was a proceeding by warrant, commenced before a justice of the peace, by the defendant in error, as an overseer of'the road, against the defendant in error, for the default of his hands in failing to work on the road. The justice .rendered judgment for $45, and costs, from which Barney appealed to the County Court.
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Error to the Circuit Court of Washington. - This was a proceeding by warrant, commenced before a justice of the peace, by the defendant in error, as an overseer of'the road, against the defendant in error, for the default of his hands in failing to work on the road. The justice .rendered judgment for $45, and costs, from which Barney appealed to the County Court. In that court a declaration was filed, to which the defendant pleaded in abatement, that he was a resident free holder of the county of Marengo, and not liable to be sued in Washington county. To this it was replied, that the slaves…
1Opinion of the CourtOrmond, J.
Although no formal demurrer appears in the record, we must intend such to be the fact, as the record declares that the plaintiff demurred to the plea, that his demurrer was sustained, and that the defendant .was required to answer further, and thereupon came a jury, &c. As to the want of a formal issue, it has repeatedly been held not to be essential.
We think the action was properly brought in the name of the o.verseer of the road. The 18th section of the law (Clay’s Dig. 511,) gives the power of suing defaulters, to any person liable to work on the road, “ if the overseer fails to prosecute *347d…
2Cases cited1 opinion
- Read v. CokerSupreme Court of Alabama · 1827
3Cited by2 opinions
- Beverly v. StephensSupreme Court of Alabama · 1850
- Toone v. StateSupreme Court of Alabama · 1912