Tennessee Coal, Iron & R. R. v. Butler
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Alex Butler sues the Tennessee Coal, Iron & Railroad Company in assumpsit for work and labor, and from a judgment in his favor defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Alex Butler sues the Tennessee Coal, Iron & Railroad Company in assumpsit for work and labor, and from a judgment in his favor defendant appeals. There can be no recovery on the counts of the complaint for money had and received and for work and labor, because the fact that plaintiff was working involuntarily as a convict repels all inference of a promise on the part of the defendant to pay for his services.— SIoss Iron & Steel Go. v. Harvey, 116 Ala. 656; Term. Goal, Iron & R. Go. v. Cotton, 116 Ala. 669; Thompson v. Bronk,…
1Opinion of the Court
de GRAFFENRIED, J.
Alex Butler was convicted of petit larceny. He was sentenced to hard labor for 110 days as punishment for the crime. The costs in the cause amounted to $29.35, and he was sentenced to additional hard labor for the county until the costs were paid at the rate of 40 cents per day. Under the law the defendant was entitled to work out his costs at the rate of 75 cents per day, instead of at the rate of 40 cents per day.. When, therefore, the prisoner had performed hard labor for the county for the period for which he was sentenced as punishment for his crime, and had also…
2Cases cited7 opinions
- Patterson v. CrawfordIndiana Supreme Court · 1859
- Emerson v. Lowe Mfg. Co.Supreme Court of Alabama · 1909
- Ex parte HaleyAlabama Court of Appeals · 1911
- Patterson v. PriorIndiana Supreme Court · 1862
- Thompson v. BronkMichigan Supreme Court · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- King v. RobertsonSupreme Court of Alabama · 1933
- Anderson v. SalantSupreme Court of Rhode Island · 1916
- Short v. StateCourt of Criminal Appeals of Alabama · 1971
- Prince v. GreenSupreme Court of Alabama · 1925