Martin v. Henley
Supreme Court of Missouri
ERROR TO ST. LOUIS COURT OF COMMON PLEAS. This was an action of detinue brought by tlie plaintiffs to recover a negro boy. To this the defendant filed two pleas. 1st. Non-detinue. 2nd. That the negro boy was not the property of the plaintiffs.
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ERROR TO ST. LOUIS COURT OF COMMON PLEAS. This was an action of detinue brought by tlie plaintiffs to recover a negro boy. To this the defendant filed two pleas. 1st. Non-detinue. 2nd. That the negro boy was not the property of the plaintiffs. On the trial of this cause, Mrs. Williams testified that Elizabeth Martin, one of the plaintiffs, was her grandchild, and that the negro boy in question was the child, of a negro girl named Eliza, a slave, which she bad given to said Ann .Elizabeth, when she, Ann Elizabeth, was a little girl, in Virginia ; that Eliza was deponent’s own slave at the time…
1Opinion of the CourtNapton, J.
As the course pursued by the plaintiffs’ counsel in this case was in accordance with a suggestion made in a previous decision of this court, we have thought it would best subserve the purposes of. justice to reverse the judgment of non-suit and order a new trial. Without, therefere, intending to interfere with the discretion of the Circuit Court or Court of Common Pleas in granting new trials (for the first time), we shall make this order in this case.(a) Judgment reversed and case remanded.(a) Johnson v. Strader et al., 32 Mo. R. 350, and note a.
2Cited by4 opinions
- Iron Mountain Bank v. ArmstrongSupreme Court of Missouri · 1887
- Kahn v. Traders InsuranceWyoming Supreme Court · 1893
- Trundle v. Providence-Washington InsuranceMissouri Court of Appeals · 1893
- Blanchard v. WolffMissouri Court of Appeals · 1878