Legal Opinion

Hobbs v. . Bush

Supreme Court of North Carolina

Decided December 5, 1837PublishedCited by 2 opinions

This was an action of detinue for several slaves, instituted in September 1834, in the name of Mary Taylor, a woman of non sane memory, by her guardian and committee. Plea, non detinet, and issue thereon. Pending the suit, Edward Hobbs, in 1835, intermarried with the feme plaintiff, and at the next term w7as, on his motion, permitted to give a prosecution bond, and admitted a party of record, as husband of the original plaintiff with leave to prosecute the suit.

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This was an action of detinue for several slaves, instituted in September 1834, in the name of Mary Taylor, a woman of non sane memory, by her guardian and committee. Plea, non detinet, and issue thereon. Pending the suit, Edward Hobbs, in 1835, intermarried with the feme plaintiff, and at the next term w7as, on his motion, permitted to give a prosecution bond, and admitted a party of record, as husband of the original plaintiff with leave to prosecute the suit. On the trial at Gates, on the last Circuit, before PeaRson, Judge, it was not disputed that the slaves had belonged to Mary Taylor;…

1Opinion of the Court

Ruffin, Chief Justice,

after stating the case as above, proceeded as follows: — The substance of each exception is, that the existence and validity of the marriage was involved in the issue made between the parties. It does not seem material, therefore, to advert to the different modes in which the question was presented; for if, as is the opinion of the Court, the defendant cannot upon trial of that issue, disprove the marriage, it follows that the proof of it is not incumbent on the other side; and that a nonsuit could not be ordered for the want of such proof.

Until our act of 1798 (Rev.…

2Cases cited1 opinion

  1. Wilson v. Codman'sSupreme Court of the United States · 1805

3Cited by2 opinions

  1. General RuleSuperior Court of North Carolina · 1798
  2. McNaughton v. . HunterSuperior Court of North Carolina · 1797

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