Pounds v. Richards
Supreme Court of Alabama
ERROR to the Circuit Court of Talladega. Tried before tbe Hon. Robert Dougherty. This was an action of Trover, by tbe plaintiff in error against Daniel Rayfield, Elisha C. Wilson, Jacob Richards and George W. Johnson, for the conversion of two slaves, Isabella and Mary. Tbe suit was discontinued as to Wilson, upon whom tbe writ was not served. There was a verdict of not guilty as to Richards and Johnson, and a verdict for $447 against Bayfield.
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ERROR to the Circuit Court of Talladega. Tried before tbe Hon. Robert Dougherty. This was an action of Trover, by tbe plaintiff in error against Daniel Rayfield, Elisha C. Wilson, Jacob Richards and George W. Johnson, for the conversion of two slaves, Isabella and Mary. Tbe suit was discontinued as to Wilson, upon whom tbe writ was not served. There was a verdict of not guilty as to Richards and Johnson, and a verdict for $447 against Bayfield. Tbe judgment against Bayfield was afterwards set aside by the court, and a new trial was granted as to him alone; to which action of the court the…
1Opinion of the CourtChilton, J.
— We do not assent to the proposition asserted by the counsel for the plaintiff in error, that the court could not grant a new trial, as to one party who was jointly sued, and refuse it as to another. In actions of tort, it is competent for the jury to find one of the parties guilty, and another not guilty. It may turn out also, that there may be no evidence conducing to show the guilt of one of the co-defendants, while, as to the others, there may be a strong-case made out. In all such cases, should the jury find a verdict of not guilty as to all, and the court should think a new trial ought…
2Cases cited1 opinion
- Leavitt v. SmithSupreme Court of Alabama · 1844
3Cited by7 opinions
- Trimble v. Bramco Products, Inc.Supreme Court of Alabama · 1977
- Geneva Gin & Storage Co. v. RawlsSupreme Court of Alabama · 1940
- Lovelace v. MillerSupreme Court of Alabama · 1907
- Harnischfeger Corporation v. HarrisSupreme Court of Alabama · 1966
- Mobile Towing & Wrecking Co. v. First Nat. BankSupreme Court of Alabama · 1918
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