Myers v. Gilbert
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. This was an action instituted by the plaintiff against the defendant in error to recover damages for the loss of a negro alleged to have been hired to him. The questions arising upon the pleadings will be understood by reference to the opinion of the court.
Read the full summary
Error to the Circuit Court of Mobile. Tried before the Hon. John Bragg. This was an action instituted by the plaintiff against the defendant in error to recover damages for the loss of a negro alleged to have been hired to him. The questions arising upon the pleadings will be understood by reference to the opinion of the court. By the bill of exceptions it appears that the defendant offered as a witness his brother Samuel C. Gilbert and that the plaintiff objected to him on the ground of interest. The witness, being sworn on his voir dire, stated that he was a partner with the defendant in…
1Opinion of the CourtChilton, J.
This was a special action on the case, brought by the plaintiff against the defendant in error, to recover the value of a negro slave, alleged to have been hired to the defendant and lost by his negligence.
The declaration contained three counts, to two of which a demurrer was interposed, which demurrer was sustained.
The first count charges the hiring of the negro slave for the term of three months, at twenty dollars per month, “to be kept and employed by the defendant as a servant on a certain steamboat owned by him, called the Montezuma, then running and to be run, during the term of said…
2Cases cited1 opinion
- Church v. MumfordNew York Supreme Court · 1814
3Cited by15 opinions
- Banfield Et Ux. v. Addington Et Ux.Supreme Court of Florida · 1932
- Mobile Life Insurance v. RandallSupreme Court of Alabama · 1883
- Rhodes v. OtisSupreme Court of Alabama · 1859
- Rogers v. CarmichaelSupreme Court of Georgia · 1937
- Chambers v. SeaySupreme Court of Alabama · 1882
10 more not listed; retrieve them via the Exa API.