State v. Metcalfe
Supreme Court of Alabama
Appeal from Marion Circuit Court. Tried before ITon. H. C. Speaee. This was an action of assumpsit by the State of Alabama, for the use of Marion county, against Oscar Metcalfe and James P. Pearce; and was founded on a promissory note executed by the defendants on 19th October, 1881, and payable to the plaintiff for the use, etc., on 19th December, 1882. The defendants pleaded (1) “ the general issue; ” (2) “ want of consideration ; ” and (3) “ special plea that the note…
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Appeal from Marion Circuit Court. Tried before ITon. H. C. Speaee. This was an action of assumpsit by the State of Alabama, for the use of Marion county, against Oscar Metcalfe and James P. Pearce; and was founded on a promissory note executed by the defendants on 19th October, 1881, and payable to the plaintiff for the use, etc., on 19th December, 1882. The defendants pleaded (1) “ the general issue; ” (2) “ want of consideration ; ” and (3) “ special plea that the note sued on was not made in pursuance of law, but in contravention thereof.” On the trial, as shown by the bill of exceptions,…
1Opinion of the Court
SOMEBYILLE, J.-
-The contract sued on was clearly void for illegality. Its consideration is shown to have been the hire of a convict, who had never been legally sentenced to perform hard labor. The hiring was done by the probate judge, without any order or authority of the commissioners’ court, which alone had the power to authorize it. The whole system of hard labor for the several counties is placed by statute under the superintendence and control of the court of county commissioners, who are required to “ determine in what manner *44and on wliat particular works the labor shall be performed.”…
2Cases cited2 opinions
- Gunter v. LeckeySupreme Court of Alabama · 1857
- Alabama Great Southern Railroad v. McAlpine & Co.Supreme Court of Alabama · 1882
3Cited by4 opinions
- Schloss v. HewlettSupreme Court of Alabama · 1886
- Herrington v. StateSupreme Court of Alabama · 1888
- Jemison v. Birmingham & Atlantic RailroadSupreme Court of Alabama · 1899
- Ex parte CrewsSupreme Court of Alabama · 1885