Kitty v. Fitzhugh
Court of Appeals of Virginia
Appeal from the Superior Court of Fairfax county. Kitty, a woman of color, brought an action to recover her freedom, against Fitzhugh. The jury found a verdict for the defendant, and the Court gave judgment accordingly.
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Appeal from the Superior Court of Fairfax county. Kitty, a woman of color, brought an action to recover her freedom, against Fitzhugh. The jury found a verdict for the defendant, and the Court gave judgment accordingly. At the trial, the counsel for the plaintiff gave in evidence a record of proceedings in a suit instituted in Prince George’s county, Maryland, by Catharine Norris against Patríele Sim, in July, 1814, (which said Catharine is the appellant in this' cause,] in which she claimed her freedom, in consequence of having been imported into the State of Maryland contrary to the laws of…
1Opinion of the Court
Judge Carr
delivered his opinion.
Concurring, as I do entirely, with my brother Coarter, in the general view which he has taken of this case, on the merits, I have thought it not amiss to state a'separate ground, which, in my mind, justifies the Court below in refusing the instructions asked for by the counsel for the plaintiff.
It is this: that instead of presenting to the Court, the points of law distinctly and separately, as arising out of the facts, and asking on these points the instruction of the Court to the jury, the counsel has presented the whole mass of evidence, and blending fact…
2Cases cited1 opinion
- Smith and Others v. Carrington and OthersSupreme Court of the United States · 1807
3Cited by5 opinions
- Shepherd v. McQuilkinWest Virginia Supreme Court · 1867
- Bank v. HannamanWest Virginia Supreme Court · 1908
- Harrison v. PoolSupreme Court of Alabama · 1849
- Womack v. CircleSupreme Court of Virginia · 1877
- Womack v. CircleSupreme Court of Virginia · 1877