Unis v. Charlton's adm'r
Supreme Court of Virginia
These cases were before this court in 1847, and are reported in 4 Grratt. 58. They were four actions for freedom brought in 1826, in the Circuit court of Montgomery county. All the paupers were descendants of a woman named Flora, who, they alleged, was a free-woman in Connecticut, and abducted from thence with her two infant children; and that they had been brought into Virginia, without the oath being taken by the claimant of them which was then required by the statute.
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These cases were before this court in 1847, and are reported in 4 Grratt. 58. They were four actions for freedom brought in 1826, in the Circuit court of Montgomery county. All the paupers were descendants of a woman named Flora, who, they alleged, was a free-woman in Connecticut, and abducted from thence with her two infant children; and that they had been brought into Virginia, without the oath being taken by the claimant of them which was then required by the statute. The defendant in one of the cases was the administrator of James Charlton; and the other defendants claimed under Charlton,…
1Opinion of the CourtDaniel, J.
Proceeding to consider the causes of error in the order in which they are assigned in the petition, it seems to me that there is no just exception to the action of the Circuit court in excluding the deposition of the witness Stiles. It appears from the bill of exceptions, that no commission for taking the deposition, no notice of the time and place of taking it, was produced; the record did not show that a commission had been awarded, and the justices in their certificate do not state that they took the deposition by virtue of a commission. There was thus an absence of all proof to show that…
2Cases cited1 opinion
- George v. ParkerCourt of Appeals of Virginia · 1827
3Cited by21 opinions
- Fant v. MillerSupreme Court of Virginia · 1867
- State v. GoodwinWest Virginia Supreme Court · 1889
- Steptoe v. ReadSupreme Court of Virginia · 1868
- New York, Phila. & Norfolk R. R. v. Kellam's Adm'rSupreme Court of Virginia · 1887
- Little v. CommonwealthSupreme Court of Virginia · 1874
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