Salter v. Pearce
Supreme Court of Alabama
Wkit of Error to the Circuit Court of Butler. The defendant in error brought an action of detinue against the plaintiff and Unity Pearce, for the recovery of three slaves.
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Wkit of Error to the Circuit Court of Butler. The defendant in error brought an action of detinue against the plaintiff and Unity Pearce, for the recovery of three slaves. The cause was tried by a jury, who, by their verdict, say “that they find the defendant, Unity Pearce, does not detain the property of said plaintiff, and that said defendant, Salter, detains the said slave Jesse, from said plaintiff, and assess his damages for the value of said slave at the sum of eight hundred dollars, and they further assess the hire of said slave at the sum of one hundred and three 25-100 dollars.” On…
1Opinion of the CourtCollier, C. J.
In actions ex delicto, each of the defendants is liable for his own wrongful act, and it is competent for the plaintiff to proceed jointly or severally against those who have participated in it.. If the plaintiff brings his action against several, but only makes out a case against one, he is entitled to a verdict and judgment against him on whom the proof fixes a liability. [Arch. Civ. Pl. 240, a.; 1 Chit. Pl. 65, etpost.] But independent of any statutory regulation, the law is otherwise as it respects actions ex contractu. There the declaration supposes the contract to be entire, and jointly…
2Cited by3 opinions
- Rogers v. WhittleAlabama Court of Appeals · 1917
- Traylor v. MarshallSupreme Court of Alabama · 1847
- Pruett v. GunnSupreme Court of Alabama · 1909