Legal Opinion

Nelson v. Bondurant

Supreme Court of Alabama

Decided January 15, 1855PublishedCited by 16 opinions

Appeal from the Circuit Court of Perry. Tried before the Hon. Nat. Cook. TRESPASS vi et armis by John P. Bondurant, Sarah Bon-durant, Mary E. Bondurant, James K. Armstrong and Lucy his wife, and Rebecca Bondurant, suing by her next friend John F. Bondurant, against Samuel Nelson, Joseph Gouldman, Z. B. John, Andrew Jackson, and Richard M. Booker, “to recover damages for the unlawful beating and killing by said defendants of a certain slave, named Sam, the property of the…

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Appeal from the Circuit Court of Perry. Tried before the Hon. Nat. Cook. TRESPASS vi et armis by John P. Bondurant, Sarah Bon-durant, Mary E. Bondurant, James K. Armstrong and Lucy his wife, and Rebecca Bondurant, suing by her next friend John F. Bondurant, against Samuel Nelson, Joseph Gouldman, Z. B. John, Andrew Jackson, and Richard M. Booker, “to recover damages for the unlawful beating and killing by said defendants of a certain slave, named Sam, the property of the said plaintiffs.” The declaration contained two counts, the first of which, after alleging the commission of the trespass…

1Opinion of the CourtGoldtii Waite, J.

—The demurrers to the several counts in the declaration were properly overruled. The aver’-ments in the first count, that the defendants below were duly prosecuted before a justice of the peace of the county for the killing of the slave, and entered into a recognizance for their appearance at the next Circuit Court to answer the supposed felony; and that at such term they were duly prosecuted therefor before the grand jury, who diligently inquired into the charge, and found no bill against the defendants, or either of them, we regard as a sufficient averment of the prosecution. It is not…

2Cases cited4 opinions

  1. Gillian v. SenterSupreme Court of Alabama · 1846
  2. Goodwin v. McCoySupreme Court of Alabama · 1848
  3. Hogan v. CarrSupreme Court of Alabama · 1844
  4. Rasco v. WillisSupreme Court of Alabama · 1843

3Cited by16 opinions

  1. Wilkinson v. SearcySupreme Court of Alabama · 1884
  2. Heflin v. SlaySupreme Court of Alabama · 1884
  3. Gwin v. Emerald Co.Supreme Court of Alabama · 1918
  4. Bell's Adm'r v. TroySupreme Court of Alabama · 1859
  5. Boswell & Woolley v. Carlisle, Jones & Co.Supreme Court of Alabama · 1881

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