Legal Opinion

Petty v. Gayle

Supreme Court of Alabama

Decided June 15, 1854PublishedCited by 4 opinions

Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W; Bapier. George B. Gayle, suing for the use of W. A. Williams, having recovered a judgment against George Petty, before a justice of the peace, for $13 12, the defendant took an appeal to. the Circuit Court, where the plaintiff filed a statement claiming “$15 for negro hire.”

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Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W; Bapier. George B. Gayle, suing for the use of W. A. Williams, having recovered a judgment against George Petty, before a justice of the peace, for $13 12, the defendant took an appeal to. the Circuit Court, where the plaintiff filed a statement claiming “$15 for negro hire.” Both parties were examined as witnesses in the Circuit Court. -The plaintiff testified, that he had hired the slave to the defendant for one month, at $15 per month ; that he afterwards, before the expiration of the month, under the impression that the…

1Opinion of the Court

GOLBTHWAITE, J. —

A.s to the contract itself, the only difference between the witnesses who were examined was, as to the length of time ■ of the hiring — whether it was for one month, or four months; but this is entirely an immaterial matter, as all the witnesses agree that the slave did not work one month. Whether the hiring was for one month, or four months, it was an entire contract, and must be governed by the rules of law applicable io that class of agreemenis. Neither is there any disagreement- between the witnesses as to the fact, that, when a contract is made for the hire of a slave by…

2Cases cited2 opinions

  1. West, Oliver & Co. v. BallSupreme Court of Alabama · 1847
  2. Perry v. HewlettSupreme Court of Alabama · 1837

3Cited by4 opinions

  1. Sloss-Sheffield Steel & Iron Co. v. NationsSupreme Court of Alabama · 1938
  2. Farrow v. Bragg's Adm'rSupreme Court of Alabama · 1857
  3. Boon v. Steamboat BelfastSupreme Court of Alabama · 1866
  4. In re HellamsDistrict Court, S.D. Alabama · 1915

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