Supreme Court of Alabama, 1835

Estill v. Shelley

Supreme Court of Alabama · Decided January 15, 1835 · Hitchcock

2 Port. 185

Cases that cite this one

1 later published case cites this decision.

Nesbit v. Bradford (Ala. 1844)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

By Mr. Justice Hitchcock :

This is an action of trespass, vi et armis, for taking and carrying off a slave, the property of the plaintiff. The declaration is in the common form, but *186the blanks, as to the time of committing of the alleged trespass, are not filled up; for this, there is a general demurrer. This defect is cured by the sta^ tute of amendments, which considers all such defects as amended.a

The judgment, must, therefore, be reversed, and the cause remanded.

Aik. Dig.266.

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