Ratcliff v. Polly
Supreme Court of Virginia
By a petition bearing date the 10th day of March 1851, Harrison Polly, and three others, his brother and two sisters, applied to John W. Hite, a justice of the peace for Cabell county, stating that they were free persons of color, and were then in the possession of William Ratcliff, who held them as slaves: And they prayed that a summons might issue authorizing the sheriff of Cabell to take them into his possession for safe keeping, until the first day of the next term of…
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By a petition bearing date the 10th day of March 1851, Harrison Polly, and three others, his brother and two sisters, applied to John W. Hite, a justice of the peace for Cabell county, stating that they were free persons of color, and were then in the possession of William Ratcliff, who held them as slaves: And they prayed that a summons might issue authorizing the sheriff of Cabell to take them into his possession for safe keeping, until the first day of the next term of the Circuit court of Cabell county, with leave for the petitioners to sue for their freedom. This petition was sworn to on…
1Opinion of the CourtDaniel, J.
The first question presented fox our consideration is, whether the proceedings in this case were properly commenced in the county of Cabell; and I experience no difficulty in answering it in the negative.
The first section of ch. 106 of the Code, p. 464, provides, that where any person conceives himself unlaw fully detained as a slave, he may petition the Circuit court or court of the county or corporation in which he may be detained, for leave to sue for his freedom, or he may complain thereof to a justice. The second section provides that if the complaint be made to a justice, he shall, by…
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