Neal v. Farmer
Supreme Court of Georgia
Trespass, &c. in Greene Superior Court. Tried before Judge Johnson, March Term, 1851. This was an action brought by Nancy Farmer against William Neal, to recover damages for the killing of a negro slave, the property of Mrs. Farmer. On the trial, the plaintiff proved the killing and closed. The defendant introduced no testimony.
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Trespass, &c. in Greene Superior Court. Tried before Judge Johnson, March Term, 1851. This was an action brought by Nancy Farmer against William Neal, to recover damages for the killing of a negro slave, the property of Mrs. Farmer. On the trial, the plaintiff proved the killing and closed. The defendant introduced no testimony. The Jury found a verdict for plaintiff for $825. The defendant then moved for a new trial, on the following grounds, among others: 1. That the Jury found for the plaintiff, when there was no evidence that the plaintiff had prosecuted the defendant either to conviction…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
The rule for a new trial in the Court below, was based upon the grounds that the killing of a slave is a felony at Common Law, and that in all eases of felonies, the civil remedy is suspended until the offender is prosecuted to conviction or acquittal. The reply of the plaintiff was, that it is not a felony at Common Law to kill a slave. The presiding Judge held with the plaintiff, and his opinion on this point is excepted to.
[1.] In Adams vs. Barrett, this Court held, that in Georgia, in cases of treason and of such crimes as are felonies by the…
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