Covenhoven v. Seaman
New York Supreme Court
This was an action of debt on recognizance, by which the defendants bound themselves to the plaintiff in one hundred pounds, conditioned, that a certain Jacob Jones, whom the plaintiff claimed and detained as his slave, and who had sued out his writ of homine replegiando, should “ prove his liberty, in the most proper and expedient way and means, and should, personally, appear in this court, and his suit, in that behalf, prosecute with effect.”
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This was an action of debt on recognizance, by which the defendants bound themselves to the plaintiff in one hundred pounds, conditioned, that a certain Jacob Jones, whom the plaintiff claimed and detained as his slave, and who had sued out his writ of homine replegiando, should “ prove his liberty, in the most proper and expedient way and means, and should, personally, appear in this court, and his suit, in that behalf, prosecute with effect.” The plaintiff, in his declaration, averred, that the said Jacob did not prove his liberty, nor prosecute his suit in that behalf, with effect, but…
1Per curiam
The defendants, by their recognizance, and which appears to have been taken agreeably to precedent, undertook for three things. 1st. That Jacob Jones should prove his liberty in the most proper and expedient Way. 2d. That he should personally appear in this court; *26and 3d. That he should prosecute his suit in that behalf, .with effect. Instead of. a compliance with, these . -[*24] stipulations, *it appears that Jones has not proved his liberty, nor prosecuted his suit with effect, but has suffered judgment to be entered against him, as in case of non-suit, and has, at the prayer of the plaintiff,…
2Cited by6 opinions
- Fleming v. GilbertNew York Supreme Court · 1808
- Philips & Butler v. RoseNew York Supreme Court · 1811
- Campbell v. HarringtonMissouri Court of Appeals · 1902
- Marsh v. BellewWisconsin Supreme Court · 1878
- Skinner v. FleetNew York Supreme Court · 1817
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