Johnston v. Sims
Supreme Court of Alabama
George Johnston declared in trover against Sims, in Greene Circuit Court, for the conversion of a negro girl slave. At September term, 1831, a verdict was rendered for the plaintiff, and his damages assessed at one dollar : and on this verdict a judgment was rendered for one dollar costs. At March term, 1832, a motion was submitted to the Court by the plaintiff for a correction of the judgment, by the entry of full costs.
Read the full summary
George Johnston declared in trover against Sims, in Greene Circuit Court, for the conversion of a negro girl slave. At September term, 1831, a verdict was rendered for the plaintiff, and his damages assessed at one dollar : and on this verdict a judgment was rendered for one dollar costs. At March term, 1832, a motion was submitted to the Court by the plaintiff for a correction of the judgment, by the entry of full costs. The Court overruled this motion, and the plaintiff took a writ of error.
1Opinion of the CourtLipscomb, C. J.
This was an action of trover,, brought by Johnston against Sims, for the conversion of a negro slave.
The plaintiff recovered a verdict, and damages were assessed at one dollar. The Court gave judgment for no more costs than damages. At the ensuing term of the Court the plaintiff made a motion to have judgment amended and rendered for full costs, but this motion was overruled.
The statute of 1822,a provides, that not more costs than damages, shall be recovered in actions of slander or trespass, assault and battery. We are not au-thorised to give this act an interpretation, that would *331embrace…
2Cases cited1 opinion
- Sommerville v. WilliamsSupreme Court of Alabama · 1828