Finley v. Tyler

Judge Mills

delivered the Opinion of the Court.

Nancy Tyler, a person of colour, brought hel’ action of trespass, assault, battery and imprisonment, asserting her right to freedom, against Travis Finley, and on an issue made involving her freedom or slavery she succeeded. Evidence was given on both sides, conducing to establish the respective claims, and among the rest a witness introduced on the part of the plaintiff, named Ayres Witt, gave evidence in her favor. A new trial was moved for, relying on the insufficiency of all the evidence, and also on the ground of surprize by the testimony of…