Newell v. Newell
Mississippi Supreme Court
In error from the Circuit Court of Jasper county. Hon. John Watts, judge. This was an action of replevin, by Elias Newell, against Darrell Y. Newell and C. S. N. Newell, to recover seventeen slaves. The affidavit stated that the slaves were wrongfully detained by the defendants ; but the declaration alleged both a wrongful taking and detention.
Read the full summary
In error from the Circuit Court of Jasper county. Hon. John Watts, judge. This was an action of replevin, by Elias Newell, against Darrell Y. Newell and C. S. N. Newell, to recover seventeen slaves. The affidavit stated that the slaves were wrongfully detained by the defendants ; but the declaration alleged both a wrongful taking and detention. The defendants craved oyer of the affidavit, and demurred to the declaration, upon the ground that it alleged a wrongful detention and taking. This demurrer was overruled by the court, and the defendants then, under leave, answered, denying generally…
1Opinion of the CourtTTsheR, J.
This was an action of replevin, brought by the plaintiff below, in the Circuit Court of Jasper county, to recover certain slaves, alleged by the declaration to have been wrongfully taken by the defendants, and by them wrongfully detained from the plaintiff.
The declaration was demurred to, on the ground that it alleges both a wrongful taking and detention of the slaves; and that the affidavit and writ allege only a wrongful detention. So far as the plaintiff’s right to recover the slaves is,concerned, it is immaterial whether there be a wrongful taking, in the first instance, or merely a…
2Cited by7 opinions
- Kuykendall v. FisherWest Virginia Supreme Court · 1906
- Raper v. HarrisonSupreme Court of Kansas · 1887
- McWillie v. Van VacterMississippi Supreme Court · 1858
- Howell v. OttMississippi Supreme Court · 1938
- Kincheloe v. PriestSupreme Court of Missouri · 1886
2 more not listed; retrieve them via the Exa API.