Chamberlain v. Gaillard
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W, Rapier. Detinue by Thomas G-aillard against Charles M. Chamberlain, for a slave named Adam.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W, Rapier. Detinue by Thomas G-aillard against Charles M. Chamberlain, for a slave named Adam. The defendant pleaded non detinet, and two special pleas which were, in substance, as follows : 2. That plaintiff ought not further to have or maintain his action, because defendant, at the February term, 1852, of the City Court of Mobile, impleaded plaintiff in an action of assumpsit for the hire of the slave Adam, in plaintiff’s declaration now claimed, and in his declaration alleged that he was the owner of said slave; that the…
1Opinion of the CourtGoldthwaite, J.
—The first question is as to the sufficiency of the second plea. This plea is to the further maintenance of the suit, and avers, in substance, that after the commencement of the present action, Chamberlain sued Gaillard in assumpsit, to recover for the use and hire of the slave sued for in the present action, alleging that he was the owner of said slave; and that in that action a recovery was bad by Chamberlain upon the merits. The rule is, that judgments are final and conclusive between the parties, when rendered on a verdict on the merits, not only as to the facts actually litigated and…
2Cases cited8 opinions
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Lawrence v. HuntNew York Supreme Court · 1833
- Bank of Mobile v. HugginsSupreme Court of Alabama · 1841
- Davidson v. ShipmanSupreme Court of Alabama · 1844
- Worsham v. GoarSupreme Court of Alabama · 1837
3 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Strauss v. MeertiefSupreme Court of Alabama · 1879
- Coltrane v. . LaughlinSupreme Court of North Carolina · 1911
- Gilbreath v. JonesSupreme Court of Alabama · 1880
- McDonald v. Mobile Life InsuranceSupreme Court of Alabama · 1880
- Southern Distributing Co. v. CarrawaySupreme Court of North Carolina · 1928
44 more not listed; retrieve them via the Exa API.