Beale's Administrator v. Dale
Supreme Court of Missouri
Appeal from, St. Clair Circuit Cowri. ' I. A new trial should have been granted on account of the verdict. The verdict was bad. ■ It only finds part of what, was in issue. The issues were, whether the slave belonged1, to plaintiff as averred; and if so, what was her value, and what the damages arising .from the detention, if wrongfully •• detained. The jury failed to find the value, and this omission is fatal. (1 Chit. Plead. 141; 7 Bacon Abr.
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Appeal from, St. Clair Circuit Cowri. ' I. A new trial should have been granted on account of the verdict. The verdict was bad. ■ It only finds part of what, was in issue. The issues were, whether the slave belonged1, to plaintiff as averred; and if so, what was her value, and what the damages arising .from the detention, if wrongfully •• detained. The jury failed to find the value, and this omission is fatal. (1 Chit. Plead. 141; 7 Bacon Abr. Yerdict. m.) The damages were too large — being assessed at eight hundred dollars, and the amount claimed being only one hundred. II. The first and…
1Opinion of the CourtRylaND, Judge
This is an action, instituted in the Circuit Court of St. Clair county by Metcalf as the administrator de bonis non of the estate of James Beale, deceased, against Dale, in the nature of an action of detinue for the recovery of the possession of a negro girl slave.
The plaintiff alleges that Beale died the owner of the slave ; that he, by virtue of his letters of administration, became the legal owner of the slave, and as such was entitled to the possession; that defendant wrongfully detains the negro girl; that the slave is of the value of nine hundred dollars, and that the damages sustained…
2Cases cited4 opinions
- Ex Parte City BankSupreme Court of the United States · 1844
- Commonwealth v. Pejepscut ProprietorsMassachusetts Supreme Judicial Court · 1811
- Thompson v. CaldwellCourt of Appeals of Kentucky · 1823
- Pemberton v. PembertonSupreme Court of Missouri · 1856
3Cited by1 opinion
- Priest v. WaySupreme Court of Missouri · 1885