Legal Opinion

State ex rel. Tucker v. Lavinia

Supreme Court of Georgia

Decided May 15, 1858PublishedCited by 11 opinions

Certiorari, from Baldwin county. Decided by Judge: Hardeman, February Term, 1858. The bills of exception in these two cases were filed under the following circumstances: A warrant returnable to the Inferior Court was issued against a negro woman Lavinia, on the information of John M. Tucker, for residing in the State of Georgia without her name being inserted in the book of registry of free persons of color kept by the Clerk of the Inferior Court; enjoying the profit of her…

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Certiorari, from Baldwin county. Decided by Judge: Hardeman, February Term, 1858. The bills of exception in these two cases were filed under the following circumstances: A warrant returnable to the Inferior Court was issued against a negro woman Lavinia, on the information of John M. Tucker, for residing in the State of Georgia without her name being inserted in the book of registry of free persons of color kept by the Clerk of the Inferior Court; enjoying the profit of her labor and not being in the employment of a master or owner, contrary to the 5th and 6th sections of the Act of 18th…

1Opinion of the Court

By the Court.

Lumpkin J.

delivering the opinion.

The woman Lavinia was informed against for violating the 6th section of the Act of 1818, Cobb 992, for working at large and enjoying the profits of her labor, not being in the employment of any master or owner, or of any white person, "by virtue of any contract with a master or owner, securing to such master or owner the profits arising from the labor of said slave, being a woman of color.

Wilkes was prosecuted for violating the 5th section of the Act of 1835, Cobb 1008, which prohibits a male slave from returning to this State, after having been…

2Cited by11 opinions

  1. Eaves v. StateSupreme Court of Georgia · 1901
  2. Sims v. StateSupreme Court of Georgia · 1965
  3. State v. B'GosSupreme Court of Georgia · 1932
  4. Cranston v. Mayor of AugustaSupreme Court of Georgia · 1878
  5. Mayor of Hawkinsville v. EthridgeSupreme Court of Georgia · 1895

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