Legal Opinion

Wilson v. State ex rel. Davis

Court of Appeals of Maryland

Decided February 5, 1864PublishedCited by 11 opinions

Appeal from tbe Circuit Court for Anne Arundel County : This was an action of debt brought October 1st, 1860, in the name of the State, at the instance and for the use of William Davis, to recover the penalty of $500, imposed by the Act of 1838, ch. 3?5, for the illegal transportation by the appellants, (who were the defendants below,) 'of the negro slave of Davis, from Annapolis to Baltimore, on board the “ John T, Barber,” a sail vessel owned by the defendants.

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Appeal from tbe Circuit Court for Anne Arundel County : This was an action of debt brought October 1st, 1860, in the name of the State, at the instance and for the use of William Davis, to recover the penalty of $500, imposed by the Act of 1838, ch. 3?5, for the illegal transportation by the appellants, (who were the defendants below,) 'of the negro slave of Davis, from Annapolis to Baltimore, on board the “ John T, Barber,” a sail vessel owned by the defendants. The declaration contained three counts, laying the ownership of the negro, and the manner of transportation, in different forms.…

1Opinion of the CourtBowie, C. J.

The questions presented by the record in this case, arise upon three demurrers. The first, filed by the appellants to the nar., (which was overruled by the Court below,) involves the description or kinds of vessels included in the Act of 1838, ch. 375, entitled: “An Act to prevent the transportation of people of color upon railroads or in steam boats.” The demurrer to the 4th plea raises the question, of what is the true construction of the words, “to be transported,” in the first section of said Act ? And the demurrer *8to the 5th plea, whether an 'actual escape of the slave transported, was…

2Cases cited2 opinions

  1. Scaggs v. Baltimore & Washington Rail RoadCourt of Appeals of Maryland · 1856
  2. State v. Baltimore & Susquehanna Steam Co.Court of Appeals of Maryland · 1859

3Cited by11 opinions

  1. Celanese Corp. of America v. DavisCourt of Appeals of Maryland · 1946
  2. Allen v. Core Target City Youth ProgramCourt of Appeals of Maryland · 1975
  3. Gregg v. Public Service CommissionCourt of Appeals of Maryland · 1913
  4. Roland Park Co. v. StateCourt of Appeals of Maryland · 1895
  5. Roach v. JurchakCourt of Appeals of Maryland · 1944

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