Walker v. McCoy
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. Nat. Cook. This action was brought by Pinckney L. McCoy, against John Ii. Walker, to recover the sum of $200, alleged to be clue by account on the 1st August, 1857; on an account stated; for money had and received, and for money paid, laid out and expended.
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. Nat. Cook. This action was brought by Pinckney L. McCoy, against John Ii. Walker, to recover the sum of $200, alleged to be clue by account on the 1st August, 1857; on an account stated; for money had and received, and for money paid, laid out and expended. The defendant pleaded the general issue, and a special plea in the following words: “Defendant further pleads, in short by consent, that the said plaintiff, before the commencement of this suit, did feloniously take from defendant’s possession a negro girl slave, named-, the…
1Opinion of the Court
Á. J. WALKEN, C. J.
The defendant’s cause of action against the plaintiff was recoverable only in an action of trespass de bonis asportatis. The law does not prescribe or fix any measure of damages in that action. The plaintiff’s demand was, therefore, one “ sounding in damages merely.” For his cause of action he had a right to demand, not only such special damages as he might prove, but also such vindictive damages as the jury might find. The defendant’s demand was, therefore, precisely such as is excluded from the statute of set-off by the decisions in Holley v. Younge, 27 Ala. 303 ; and…
2Cases cited3 opinions
- Gibson v. MarquisSupreme Court of Alabama · 1857
- Hatchett v. GibsonSupreme Court of Alabama · 1848
- Taylor v. BassSupreme Court of Alabama · 1843
3Cited by12 opinions
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- Fidelity-Phenix Fire Ins. Co. v. MurphySupreme Court of Alabama · 1933
- Craft v. Standard Acc. Ins. Co.Supreme Court of Alabama · 1929
- Sledge v. Swift, Murphy & Co.Supreme Court of Alabama · 1875
- Norton v. BumpusSupreme Court of Alabama · 1930
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