Lee v. West
Supreme Court of Georgia
Employing servants of another. Ratification. Venue. Joint trespassers. Measure of damages. Estoppel. Before Judge Clark. Lee Superior Court.
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Employing servants of another. Ratification. Venue. Joint trespassers. Measure of damages. Estoppel. Before Judge Clark. Lee Superior Court. March Term, 1872. Phillip "West brought trespass on the case against Sanders ~W. Lee and Thurman M. Clements, for employing and enticing away servants in his employ, by which, he had been damaged $5,000 00. Clements pleaded not guilty. .Lee demurred to the declaration upon the ground that he was alleged to be a citizen of the county of DeKalb, and suit, therefore, was not maintainable against him in the county of Lee. The demurrer was overruled. The jury…
1Opinion of the Court
Montgomery, Judge.
The evidence in this case shows that Clements, the agent of Lee, hired the servants of West, the plaintiff below, without any knowledge, on his part, that they were under contract to West. A few days afterwards, West had them arrested, but, it seems, discharged them, upon their promising to return to his plantation. The hands, instead of going to West’s place, returned to Lee’s. They were rearrested, at West’s instance, lodged in jail, and from thence discharged by the Freedman’s Bureau officer at Albany, Howard, by name. They were then, with Howard’s sanction, hired again…
2Cited by5 opinions
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- Southern Nitrogen Co. v. ManuelCourt of Appeals of Georgia · 1964
- Crane v. PattonSupreme Court of Arkansas · 1893
- Sanders v. CulpepperSupreme Court of Georgia · 1970
- Sanders v. CulpepperSupreme Court of Georgia · 1970