Ewing v. Sanford
Supreme Court of Alabama
Error to tbe Circuit Court of Mobile. Tried before tbe Hon. Lymah GibboNS. Tbis was an action for a malicious prosecution brought by Sanford against Ewing. Tbe prosecution instituted by Ewing against Sanford, was for tbe larceny of a slave, a woman named Eliza. Tbe evidence of tbe cause showed, that tbe negro woman Eliza bad been levied upon as tbe property of T. Sanford.
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Error to tbe Circuit Court of Mobile. Tried before tbe Hon. Lymah GibboNS. Tbis was an action for a malicious prosecution brought by Sanford against Ewing. Tbe prosecution instituted by Ewing against Sanford, was for tbe larceny of a slave, a woman named Eliza. Tbe evidence of tbe cause showed, that tbe negro woman Eliza bad been levied upon as tbe property of T. Sanford. James Sanford, tbe plaintiff, was present at tbe sale, and forbid tbe sale, and gave notice that be should claim and bold tbe said slave, as bis property, notwithstanding tbe sale. Tbe defendant bought tbe slave at said…
1Opinion of the CourtPhelan, J.
— It nowhere appears that the charge of the judge, in which he told the jury, that if they found the defendant guilty as charged, “ they must make him pay for the wrong he had done,” was excepted to. There is nothing in these words but a sound principle, at all events. The counsel commented on the manner of the judge saying it was angry and menacing. There is nothing in the bill of exceptions or in the words themselves, that gives any indication that the manner of the judge was wanting in moderation or propriety, if we even had power to take notice of that.
The court was requested to charge, “…
2Cases cited3 opinions
- Ewing v. SanfordSupreme Court of Alabama · 1851
- Long v. RodgersSupreme Court of Alabama · 1851
- Chandler v. McPhersonSupreme Court of Alabama · 1847
3Cited by13 opinions
- Eiland v. StateSupreme Court of Alabama · 1875
- City of Birmingham v. HawkinsSupreme Court of Alabama · 1916
- City National Bank v. JeffriesSupreme Court of Alabama · 1882
- St. Clair v. Caldwell & RiddleSupreme Court of Alabama · 1882
- W. T. Rawleigh Co. v. HannonAlabama Court of Appeals · 1945
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