Opinion · Nclaw North Carolina

McALISTER v. SPILLER, 1 N.C. 314 (1800)

JAS. McALISTER'S ADM'RS v. JAS. SPILLER'S EX'RS. — Conf., 95., 1 N.C. 314 (Court of Conference 1800)

Type: Opinion
Court: Nclaw North Carolina
Jurisdiction: Nclaw
Date: 1800-01-01
Topic: general

McALISTER v. SPILLER, 1 N.C. 314 (1800) JAS. McALISTER'S ADM'RS v. JAS. SPILLER'S EX'RS. — Conf., 95.Court of Conference (Spring Term, 1800.) An action for seducing away a slave does not abate by the death of the defendant.

Citator

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McALISTERv. SPILLER,1 N.C. 314(1800)

JAS. McALISTER'S ADM'RS v. JAS. SPILLER'S EX'RS. — Conf., 95.

Court of Conference

(Spring Term, 1800.)

An action for seducing away a slave does not abate by the death of the defendant.

The plaintiff's intestate possessed and was legally entitled to the service of a negro named King by hire for the space of one year, commencing the 1st of January, 1795, and ending the 1st of January, 1796.Page 265James Spiller, the defendant's testator, in the year 1795, seduced, enticed, and persuaded the said negro, King, to absent himself from the service of the said James McAlister, and did maintain and keep the said negro, King, in his possession during the remainder of the year. The jury find the defendant's testator guilty, and assess the plaintiff's damages to £ _____; the suit was commenced against Spiller in his lifetime, and duly revived against his executors, and against whom said verdict was had.

The questions are, whether such suit was abated by the death of James Spiller, so that it could not be revived against his executors; and whether, as said suit was revived without any plea in abatement, judgment shall now be rendered against the said executors.

By the Court.

This action having been brought for the seduction of a slave from his master's service, and the defendant's testator keeping the slave in his possession to the injury of the plaintiffs, the action did not abate on the death of James Spiller, and after his death was properly prosecuted by the plaintiffs.