Hughes v. Jackson
Court of Appeals of Maryland
Appeal from the Circuit Court for Dorchester county. Trespass q. c. f. for breaking and entering the plaintiff’s messuage or dwelling-house, and taking and carrying away his children, brought on the 10th of March 1851, by the appellee against the appellant and another, who died before trial.
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Appeal from the Circuit Court for Dorchester county. Trespass q. c. f. for breaking and entering the plaintiff’s messuage or dwelling-house, and taking and carrying away his children, brought on the 10th of March 1851, by the appellee against the appellant and another, who died before trial. In the writ, declaration and proceedings the plaintiff is described as a “negro,” and in the original nar, which was in trespass vi et armis for an assault and battery, the defendants are described as “free negroes.” The case, after plea of non cul and issue, was continued from term to term till October…
1Opinion of the CourtLe Grand, C. J.
This case comes before this court on an appeal from the decision of the circuit court overruling a motion in arrest of judgment. The principal question which underlies the case is, whether a negro can maintain an action in this State, without first averring in his pleadings, and establishing by proof, his freedom; it being contended, that the presumption of slavery arising from color, applies in every case, and is not confined to those originating in a petition for freedom. There are other matters alluded to and insisted upon by the counsel for the appellant, but they are of minor importance.…
2Cases cited2 opinions
- Wall's Ex'x. v. WallCourt of Appeals of Maryland · 1827
- Benson v. Davis's Adm'rCourt of Appeals of Maryland · 1824
3Cited by25 opinions
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- Wynn v. StateCourt of Appeals of Maryland · 2005
- Owen v. FreemanCourt of Appeals of Maryland · 1977
- Snyder v. CearfossCourt of Appeals of Maryland · 1947
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