McLane v. Miller
Supreme Court of Alabama
Error to the Circuit Court of Talladega. Teespass vi et arms, by defendant in error, for seizing and carrying away three slaves. The plaintiff proved the taking of the slaves from his possession, in August, 1842, by the defendant as coroner, and their value.
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Error to the Circuit Court of Talladega. Teespass vi et arms, by defendant in error, for seizing and carrying away three slaves. The plaintiff proved the taking of the slaves from his possession, in August, 1842, by the defendant as coroner, and their value. That he was at the time a planter, had a large crop of cotton, and that these hands were engaged in picking it out, when the defendant took them, audit was some weeks b.efore he could procure others in their place, in consequence of which a large quantity of his cotton, and corn, was not picked, or gathered. The defendant offered evidence…
1Opinion of the CourtOrmond, J.
It is very clear, we think, that when a de*645fendant sued for a breach of contract, elects to recoup the damages, he would be entitled to recover for the breach of the contract by the plaintiff, he thereby precludes himself from suing to recover damages for the same breach — but we do not understand that this is attempted to be done here. The plaintiff does not contend for the right to recover for the ■loss of the time of the slaves, in consequence of their having been seized and sold by the defendant as coroner, before the time for which he had hired them had expired. For that loss he has been…
2Cases cited1 opinion
- McLane v. MillerSupreme Court of Alabama · 1846
3Cited by7 opinions
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- Dunn v. PoncelerSupreme Court of Alabama · 1935
- Hall v. GoodsonSupreme Court of Alabama · 1858
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