Morgan v. . Cone
Supreme Court of North Carolina
This was an action of detinue for a slave; and pending the action, after issue joined upon certain pleas, the plaintiff regained possession of the slave. The defendant by plea since the last continuance, insisted upon this in bar of the plaintiff’s action, as well for damages for the detention of the slave, as for the sjave himself.
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This was an action of detinue for a slave; and pending the action, after issue joined upon certain pleas, the plaintiff regained possession of the slave. The defendant by plea since the last continuance, insisted upon this in bar of the plaintiff’s action, as well for damages for the detention of the slave, as for the sjave himself. To this plea the plaintiff demurred; and his Honor Judge Norwood, at Franklin, on the last Circuit, overruled the demurrer, sustained the plea, and gave a judgment for the defendant for the costs of the suit. Whereupon the plaintiff appealed. The counsel on both…
1Opinion of the Court
Gaston, Judge.
— The very imperfect transcript which is filed in this case shows, that the plaintiff brought his action of detinue to recover the possession of a negro slave, Green, valued at 1600; that the defendant pleaded thereto the general issue and other pleas in bar ; that issues were joined; and that at a subsequent term the defendant pleaded, that since the last continuance the plaintiff had regained the possession of the slave. To this plea the plaintiff demurred, insisting, that he was nevertheless entitled to recover his damages and costs ; but the Court overruled the demurrer, and…
2Cited by3 opinions
- Gubbs v. . EllisSupreme Court of North Carolina · 1816
- Merritt v. . WarmouthSuperior Court of North Carolina · 1791
- Merritt's v. . MerrittSuperior Court of North Carolina · 1789