Legal Opinion

Nickerson v. Nickerson

Court of Appeals of Maryland

Decided February 28, 1868PublishedCited by 7 opinions

Appeal from tlie Orphans’ Court of Queen Anne’s County. At the trial below, the plaintiff offered the following prayer: If the jury shall believe from the evidence that the defendant gave to the plaintiff, the negro man Bill, verbally, and that in pursuance of said gift, the defendant delivered possession of said negro to the father of the plaintiff, his natural guardian, and shall further believe that subsequent to said gift aud delivery, the defendant converted the saiu…

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Appeal from tlie Orphans’ Court of Queen Anne’s County. At the trial below, the plaintiff offered the following prayer: If the jury shall believe from the evidence that the defendant gave to the plaintiff, the negro man Bill, verbally, and that in pursuance of said gift, the defendant delivered possession of said negro to the father of the plaintiff, his natural guardian, and shall further believe that subsequent to said gift aud delivery, the defendant converted the saiu negro to his own use, they must lind for the plaintiff. To this prayer the defendant objected, and the Court sustained the…

1Opinion of the CourtAlvey, J.

This was an action of trover, instituted by the appellant against the appellee, for the conversion of a negro servant, alleged to be the property of the appellant, acquired by a parol gift from the appellee. The case was tried on the general issue plea of not guilty; and at the trial the appellant took three exceptions to the rulings of the Court. Two of the exceptions were taken to the granting of prayers at the instance of the appellee, and the other to the modification of a prayer propounded by the appellant. And the sole question raised by these prayers is as to the legal sufficiency of…

2Cases cited2 opinions

  1. Worthington v. ShipleyCourt of Appeals of Maryland · 1847
  2. Anderson v. HammondCourt of Appeals of Maryland · 1847

3Cited by7 opinions

  1. Taylor v. HenryCourt of Appeals of Maryland · 1878
  2. Gardner v. MerrittCourt of Appeals of Maryland · 1870
  3. Gammon Theological Seminary v. RobbinsIndiana Supreme Court · 1891
  4. Murray v. CannonCourt of Appeals of Maryland · 1875
  5. Wyble v. McPhetersIndiana Supreme Court · 1875

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