Withers v. Coyles
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. The complaint in this case was in these words: “James Coyles The plaintiff claims of the dews. I fendants five hundred dollars dam-Jones M. Withers, f ages, for the wrongful taking and and Henry Maury.J keeping of a slave belonging to plaintiff) named Battiste, for a long space of time.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. The complaint in this case was in these words: “James Coyles The plaintiff claims of the dews. I fendants five hundred dollars dam-Jones M. Withers, f ages, for the wrongful taking and and Henry Maury.J keeping of a slave belonging to plaintiff) named Battiste, for a long space of time. Also, a like sum, for unlawfully imprisoning and keeping said slave, the property of plaintiff, knowing him to be the property of plaintiff. Also, a like sum, for wrongfully causing said slave to be imprisoned and kept from plaintiff.…
1Opinion of the CourtStone, J.
While slaves are, under our system, property and chattels, they are, nevertheless, in many senses, persons. We had occasion to consider this question in the case of Hudson v. The State, 34 Ala. 253. Hence, in many cases, and for many purposes, we would hold, that the word persons, when employed in a statute, includes slaves as well as free white persons. Whether slaves are included in the descriptive word persons, as found in the Mobile city charter and ordinance enacted thereon, which are brought to view in the present case, must depend on the intention of the law-making power, to be…
2Cases cited10 opinions
- Bigelow v. StearnsNew York Supreme Court · 1821
- Duckworth v. JohnstonSupreme Court of Alabama · 1845
- Suydam v. KeysNew York Supreme Court · 1816
- Craig v. BurnettSupreme Court of Alabama · 1858
- Pratt v. HillNew York Supreme Court · 1853
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Phillips v. MorrowSupreme Court of Alabama · 1924
- Duffin v. SummervilleAlabama Court of Appeals · 1913
- Earp v. StephensAlabama Court of Appeals · 1911
- Canter v. HarrisAlabama Court of Appeals · 1918
- Canter v. HarrisAlabama Court of Appeals · 1918