Pons v. Hart
Supreme Court of Florida
. This was a writ of error to a judgment of the Circuit Court of Duval County, rendered Pall Term, 1853. Hart instituted in the Court below an action of replevin against Pons for the recovery of three negro slaves. The transcript of the record does not embrace a copy of the writ, but it appears that a declaration was duly filed, and that Pons, the defendant, appeared and pleaded “not guilty.”
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. This was a writ of error to a judgment of the Circuit Court of Duval County, rendered Pall Term, 1853. Hart instituted in the Court below an action of replevin against Pons for the recovery of three negro slaves. The transcript of the record does not embrace a copy of the writ, but it appears that a declaration was duly filed, and that Pons, the defendant, appeared and pleaded “not guilty.” A trial was had and judgment rendered in favor of Hart. ■ The following bill of exceptions was signed by the Court and made a part of the record : Upon the trial of said cause, the defendant, to maintain…
1Opinion of the Court
BALTZELL, C. J.,
delivered tbe opinion of the Court.
This was an action of replevin, instituted by Isaiah D. Hart, to recover from John M. Pons three negro slaves, which he alleges he tookfrom him and unjustly detains. On the trial defendant, “ to maintain the issue on his part, offered to give in evidence the writ of replevin in the case of William Proctor vs. Isaiah D. Hart, and the return of the Sheriff thereon, and to prove by the evidence of George H. Smith that the slaves in controversy are the identical slaves taken out of the possession of Hart by the said writ of replevin, which were…
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