Haynes v. Crutchfield
Supreme Court of Alabama
Writ of error to the Circuit Court of Benton. This was aetion of detinue by the defendant in error against the plaintiff. The declaration contains two counts, each of which charge the detention of a female slave named Betty, and others who are particularly named; also many articles of household furniture, plantation tools, stock, &c., which are described generally, by their respective numbers.
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Writ of error to the Circuit Court of Benton. This was aetion of detinue by the defendant in error against the plaintiff. The declaration contains two counts, each of which charge the detention of a female slave named Betty, and others who are particularly named; also many articles of household furniture, plantation tools, stock, &c., which are described generally, by their respective numbers. To each of these counts the defendant demurred, but his demurrer being overruled, he pleaded the general issue, and the cause was thereupon submitted to a jury. On the trial, the defendant excepted to…
1Opinion of the CourtCollier, C. J.
— 1. It is not necessary where the action of detinue is brought for the recovery of several articles, that the value of each should be stated separately in the declaration; but generally, the jury should sever the value of each by their verdict, that the plaintiff may recover them on their, value, severally, in satisfaction; and the defectiveness of the finding in this respect, it is said cannot be supplied by a writ of inquiry. [1 Chitty’s Plead. 123-4; 2 Steph. N. P. 1313; Pawly v. Holly, 2 W. Black. Rep. 853; 2 Stark. Ev. 494-5, notes 1 & 2.]
The declaration states the names of the slaves,…
2Cases cited1 opinion
- Coffin v. CoffinMassachusetts Supreme Judicial Court · 1807
3Cited by16 opinions
- Sullivan v. McMillanSupreme Court of Florida · 1890
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Gilbreath v. JonesSupreme Court of Alabama · 1880
- Western Steel Car & Foundry Co. v. CunninghamSupreme Court of Alabama · 1908
- Jones v. AndersonSupreme Court of Alabama · 1884
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