Hart v. Cleis
New York Supreme Court
IN error, from the court of common pleas of Ontario county. This was an action of debt for the penalty of 250 dollars, given by the 6th section of the act concerning slaves and servants, passed the 8th of April, 1801, (24th sess. c. 188.) The declaration stated that the defendant took, imprisoned, and carried away, a black man, named Bazil Baker, being a slave, and kept him in irons, during three days, with the intent to export him out of the state; and that the defendant…
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IN error, from the court of common pleas of Ontario county. This was an action of debt for the penalty of 250 dollars, given by the 6th section of the act concerning slaves and servants, passed the 8th of April, 1801, (24th sess. c. 188.) The declaration stated that the defendant took, imprisoned, and carried away, a black man, named Bazil Baker, being a slave, and kept him in irons, during three days, with the intent to export him out of the state; and that the defendant did intend to export him out of the state, contrary to the statute in such case made and provided; by reason whereof, &c.…
1Opinion of the Court
Per Curiam,.
The action below was brought for a penalty incurred under the 6th section of the act concerning slaves and servants. (Laws, vol. 1. 612.) The special causes of demurrer stated upon the record, are not material; but the defendant relies upon what he alleges to' be defects, in substance, in the declaration, viz. that the plaintiff does not negative the excepted cases in the sec-3 lion, and that he does not aver that the defendant was master of the slave, or acted with his privity.
It is a sufficient answer to the first objection, that the exception forms no part of the plaintiff’s…
2Cited by18 opinions
- Taylor v. TaylorSupreme Court of Minnesota · 1865
- Rowell v. . JanvrinNew York Court of Appeals · 1896
- State v. MillerSupreme Court of Connecticut · 1856
- Commonwealth v. JenningsMassachusetts Supreme Judicial Court · 1876
- Berger v. . VarrelmannNew York Court of Appeals · 1891
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