Waterman v. Mattair
Supreme Court of Florida
Appeal from a judgment of the Circuit Court of Marion County, Hon. Thomas Douglas presiding. The appellee, Mattair* instituted against the appellant an action on the case for a deceit in the sale of a slave. The declaration is in the usual form, and alleges unsoundness of the slave at the time of sale.
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Appeal from a judgment of the Circuit Court of Marion County, Hon. Thomas Douglas presiding. The appellee, Mattair* instituted against the appellant an action on the case for a deceit in the sale of a slave. The declaration is in the usual form, and alleges unsoundness of the slave at the time of sale. The following bill of exceptions, which was made a part of the record* embraces the points submitted to the Court below, the rulings of the Court thereon, and the facts appearing in the record : “The issue having been made up in this cause, and the same having been called for trial, defendant’s…
1Opinion of the Court
SEMMES, J. :
This is an action on the case, for deceit, ill the sale of a negro slave, and the points presented to us are purely questions of practice.
The declaration alleges the warranty and fraud, on the part of the defendant, in the sale, and avers that the plaintiff, by reason of the unsoundness of said slave, incurred great expense for medical services, and in feeding and clo*213thing her. No bill of particulars was filed with the declaration, but the defendant, by his attorney, pleaded to the action, and the issues were thereupon made up. After this, and when the cause was called for-trial,…
2Cases cited1 opinion
- Barney v. DeweyNew York Supreme Court · 1816
3Cited by13 opinions
- Mathis v. StateSupreme Court of Florida · 1903
- Martyn v. J. E. Amold & Co.Supreme Court of Florida · 1895
- Peacock v. FeasterSupreme Court of Florida · 1906
- Robinson v. Dibble's AdministratorSupreme Court of Florida · 1880
- State v. Seaboard Air Line RailwaySupreme Court of Florida · 1908
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