Newsum v. Newsum
Supreme Court of Virginia
Trover, in the circuit court of Norfolk, by William, Newsum against Henry Newsum (in his own right) for a slave claimed by the plaintiff as his property, and charged to have been converted by the defendant to his own use. Plea, the general issue. Verdict and judgment for the plaintiff, for 684 dollars damages.
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Trover, in the circuit court of Norfolk, by William, Newsum against Henry Newsum (in his own right) for a slave claimed by the plaintiff as his property, and charged to have been converted by the defendant to his own use. Plea, the general issue. Verdict and judgment for the plaintiff, for 684 dollars damages. The defendant filed a bill of exceptions to opinions of the circuit court given at the trial; which stated, 1. That the plaintiff, having first proved that the slave in question was, on the-day of March 1808, the property of R. R. Keeling, gave in evidence a deed of that date, executed…
1Opinion of the CourtCarr, J.
The exceptions taken to the opinions of the court given at the trial, present the only points for the consideration of this court. The ingenuity of counsel, indeed, suggested several others; but we are compelled by the settled law of the court to say, that they do not arise upon this record. The distinction between a bill of exceptions and a demurrer to evidence, has been so often taken by this court, that it would be a waste of time to repeat it, and most mischievous to depart from it. This distinction clearly excludes from our view, the question made upon the act of limitations, Whether the…
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