Legal Opinion

Skinner v. Fleet

New York Supreme Court

Decided August 15, 1817PublishedCited by 1 opinion

THIS was an action of trespass on the case. The declaralion stated that the plaintiff was possessed of a negro slave call•ed Primus, and that the defendant being sheriff of the city and county of New-York, by virtue of a writ of pluries homine replegiando, caused Primus to be replevied ; that the plaintiff claimed the said slave,but that the defendant, nevertheless, suffered him to goat large, without surety and pledges, for his return, in case he should make a default, or a…

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THIS was an action of trespass on the case. The declaralion stated that the plaintiff was possessed of a negro slave call•ed Primus, and that the defendant being sheriff of the city and county of New-York, by virtue of a writ of pluries homine replegiando, caused Primus to be replevied ; that the plaintiff claimed the said slave,but that the defendant, nevertheless, suffered him to goat large, without surety and pledges, for his return, in case he should make a default, or a return should be awarded: that Primus did make default, and that judgment of nonsuit was awarded against him, and that…

1Opinion of the CourtSpencer, J.

The defendant has moved for a new trial, and the questions arising on the case are,

1st. Whether the sheriff performed his duty on the writ of h omine replegiando ?

*2682d. Whether the assignment of the bond, and its acceptance pluintiff’s attorney, was a bar to this action ?

3d. Whether Primus became free in consequence of the safe to the plaintiff?

4th. Are the damages excessive ?

The first point was discusssed and decided on a demurrer to the plaintiff’s declaration ; and the declaration was adjudged a good one. We considered the case of Covenhoven v. Seaman and others, (1 Johns. Cas. 23.) as having…

2Cases cited1 opinion

  1. Covenhoven v. SeamanNew York Supreme Court · 1799

3Cited by1 opinion

  1. Hone v. AmmonsIllinois Supreme Court · 1852

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