117 Ala. 128 | Ala. | 1897
The accusation against the defendant was founded on an alleged violation of the statute (Code of 1886, §3812; Code of 1896, §4730), directed against frauds practiced on employers by servants or employes, obtaining money or other personal •property from the employer, upon a contract in writing for the rendition of service. In Ex parte Riley, 94 Ala. 82, it was said by Walkeb, J., in exposition of .the statute : ‘ ‘The effect of this statute is to provide for the punishment criminally of a certain class of frauds which are perpetrated by means of promises not meant to be kept.” And further it was said: “The ingredients of this statutory offense are : (1) A contract in writing
In the present case, the only witness examined to show the criminating constituents of the offense, was the employer and prosecutor, who testified that the defendant in November, 1896, entered into a contract in writing to work for him as a farm laborer for the term of twelve months ; and for his services he promised to pay defendant nine dollars per month. At the time of entering into the contract he advanced the defendant the sum of twenty dollars, and the defendant worked for him under the contract for a period of seven months, when, without his consent, he abandoned the service. Under the contract, on the expiration of each month, the defendant became entitled to receive the monthly instalment of the wages the employer had contracted to pay, and the right of action for the recovery of each instalment was perfect. — Davis v. Preston, 6 Ala. 83; Fowler v. Armour, 24 Ala. 194. In view of the relation of the parties, the employer had the right to retain the wages until the money he had advanced was refunded. Refunding the money, or restoring other property, with which the employer, by reason of the contract was induced to part, is a principal purpose, the statute is intended to enforce. "When the money is refunded, or
The judgment is reversed and the cause remanded. The defendant will remain in custody until discharged by due course of law.
Reversed and remanded.