Cantrell v. . Pinkney
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Henderson County, at the Spring Term, 1848, his Honor, Judge Battle, presiding. This was an action of debt, commenced by the plaintiff, as overseer of a public road in the county of Henderson, by a warrant before a single justice, to recover from the defendant the sum of twelve dollars for four days work of three hands.
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Appeal from the Superior Court of Law of Henderson County, at the Spring Term, 1848, his Honor, Judge Battle, presiding. This was an action of debt, commenced by the plaintiff, as overseer of a public road in the county of Henderson, by a warrant before a single justice, to recover from the defendant the sum of twelve dollars for four days work of three hands. A judgment was given against the defendant by the justice, from which he appealed to the Superior Court, where, at the Spring Term 1S48, the following case agreed was submitted to the presiding Judge. The plaintiff was duly appointed an…
1Opinion of the Court
Battli5 J.
The question, presented in the case agreed, is, whether the defendant, whose citizenship and principal Residence is in the State of South Carolina, but who has a dwelling house in this State, where he resides with his family four months in each year, is liable to be called on to send his slaves to work the public roads of this State, during the time of his residence in it We are of opinion that he is, and we think so, because he comes within the letter of our “act concerning the public roads,” 1 Rev. St. Gh. 104, and we can perceive nothing in its spirit to exempt him. The act…
2Cited by2 opinions
- Butler v. StateSupreme Court of Florida · 1889
- Kinzey v. . KingSupreme Court of North Carolina · 1845