Mangham v. Reed
Supreme Court of Georgia
Affidavit of illegality to fi. fa. for cost, in- Pike Superior Court. Decided by Judge Stark, at February adjourned Term, 1852. An action of trespass was brought by the plaintiff, against the defendant, for the beating of a slave belonging to the plaintiff.
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Affidavit of illegality to fi. fa. for cost, in- Pike Superior Court. Decided by Judge Stark, at February adjourned Term, 1852. An action of trespass was brought by the plaintiff, against the defendant, for the beating of a slave belonging to the plaintiff. The Jury found a verdict for the plaintiff for the costs of suit, for which a fi.fa. was subsequently issued, to which the defendant filed his affidavit of illegality, on the ground “ that the action in which the cost accrued, for which the fi.fa. issued, was for damages for whipping a slave ; and the Jury had no right to find a verdict.…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] No final costs were recoverable at Common Lawn 2 Inst. 288. Tidd’s Pr. 945. 2 Com. Dig. 542. By Statute of Gloucester, (6 Edwards, I.) the plaintiff shall recover costs in all cases where damages are recovered. Divers Statutes were subsequently passed to restrain this right of parties plaintiffs. The policy of these restraining Statutes was to discourage vexatious suits. The Statute with which we have to do just now, is that of 22 and 23 Charles II. By this Statute it was enacted, that “ in all actions of trespass, assault and bat*140tery, and…
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