James v. Clarke County
Supreme Court of Alabama
Appeal from the Circuit Court of Clarke. Tried before the Hon. Tuos. A. Walker. This proceeding was instituted against Lorenzo James, before a justice of the peace, to recover the statutory penalty for a default in not working on a public road. The justice having rendered a judgment against the defendant, the latter sued out a certiorari before the probate judge, and removed the proceeding into the circuit court.
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Appeal from the Circuit Court of Clarke. Tried before the Hon. Tuos. A. Walker. This proceeding was instituted against Lorenzo James, before a justice of the peace, to recover the statutory penalty for a default in not working on a public road. The justice having rendered a judgment against the defendant, the latter sued out a certiorari before the probate judge, and removed the proceeding into the circuit court. On the trial in the circuit court, numerous exceptions were reserved by the defendant to the rulings of. the presiding judge, of which it is only necessary to notice the one on which…
1Opinion of the Court
RIGE, O. J.
—The mode of warning hands to work on a public road is prescribed by section 1166 of the Code. The defendant was not warned in that mode. TIis overseer was warned; and the overseer, after being warned, informed the defendant of the fact, who thereupon directed the overseer not to send the slaves to work on the road. There is no authority for this proceeding, unless it can be sustained by the Code. It cannot be thus sustained. When the overseer is lawfully warned, the failure to send the slaves is his default, and not that of the employer. The fact that the overseer, after being…
2Cases cited3 opinions
- Bettis v. TaylorSupreme Court of Alabama · 1839
- Keenan v. Comm'rs' Court of Dallas Co.Supreme Court of Alabama · 1855
- Nowlin v. McCalleySupreme Court of Alabama · 1858
3Cited by1 opinion
- Toone v. StateSupreme Court of Alabama · 1912