Mahoney v. Ashton
General Court of Virginia
Petition for freedom, the petitioner claiming to b® descended from a free woman named Jinn Joice. Bixxs or Exceptions. 1. The petitioner, at the trial of the issue, by his counsel, produced and offered to read in evidence to the jury the deposition of Jinn Hurdle, taken by consent on the the 28th of May 1797. But the defendant, by Iris counsel, objected to the following part of the said deposition being read in evidence to the jury, to wit: « That she [Mary Hurdle, the…
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Petition for freedom, the petitioner claiming to b® descended from a free woman named Jinn Joice. Bixxs or Exceptions. 1. The petitioner, at the trial of the issue, by his counsel, produced and offered to read in evidence to the jury the deposition of Jinn Hurdle, taken by consent on the the 28th of May 1797. But the defendant, by Iris counsel, objected to the following part of the said deposition being read in evidence to the jury, to wit: « That she [Mary Hurdle, the mother of the deponent’s husband,] “ said just so they served Jinn Joice’s family; .that by «•' all accounts they are in…
1Opinion of the Court
The Court of Appears,
[Eums'ey,- Ch.- J.- Mackall,. Jones, Potts' and Dennis, J,]
gave the following opinion^ viz. “The court disagree with the general court in their opinion in the third Mil of exceptions. The court are of opinion, that the general court ought not to have permitted the special verdict, found on the first trial, wit ich was set aside, (because a fact was not sufficiently found,): to be read in evidence on the second trial* They consider it a good Kile, that on a second trial, no advantage or use shall be made by either of the parties of the first ii ridings or of the opinion of…
2Cited by2 opinions
- Dorbert v. StateCourt of Appeals of Maryland · 1887
- Conaway v. StateCourt of Appeals of Maryland · 1922