M'Michen v. Amos
Court of Appeals of Virginia
This was a suit for freedom, in the Superior Court of Law for the county of Ohio, brought by Amos for the benefit of himself, and that of his infant brother, sisters and niece. The declaration is in the usual form of trespass, assault and battery, ¿nd false imprisonment.
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This was a suit for freedom, in the Superior Court of Law for the county of Ohio, brought by Amos for the benefit of himself, and that of his infant brother, sisters and niece. The declaration is in the usual form of trespass, assault and battery, ¿nd false imprisonment. The defendant, M’Michen, pleaded, “ protesting that the plaintiffs are his slaves for life, says he is not guilty of the trespass, assault and imprisonment in the declaration supposed, and of this he puts himself upon the country.” The plaintiffs replied, “that by reason of any thing by the defendant in protesting alleged,…
1Opinion of the Court
Judge Cabell
delivered his opinion, in which the other Judges concurred.*
Several objections were made by the counsel for the appellant, to the form of the proceedings in this case. Before I examine them, I will remark that this Court has often declared, that the same strictness as to form will not be required in actions for freedom, as in other cases; and that these actions, like actions of ejectment, will be moulded into such form, as is best calculated to try the real question in controversy.
The first objection is, that the issue was not joined on the plea of not guilty, but on the…
2Cases cited1 opinion
- Garnett v. SamSupreme Court of Virginia · 1817
3Cited by13 opinions
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Callis v. KempSupreme Court of Virginia · 1854
- Hall v. RatliffSupreme Court of Virginia · 1896
- Betty v. HortonSupreme Court of Virginia · 1833
- Callis v. KempSupreme Court of Virginia · 1854
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