O'Neill v. Henderson
Supreme Court of Arkansas
Appeal from, Drew Oi/rcwt Gov/rt. Hon. SheltoN WatsoN, Circuit Judge. 1. The depositions taken in Tennessee, should have been suppressed.
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Appeal from, Drew Oi/rcwt Gov/rt. Hon. SheltoN WatsoN, Circuit Judge. 1. The depositions taken in Tennessee, should have been suppressed. The application was to take testimony in an action of replevin, and this was an action of detinue. 5 JEng. 420. .2. It was a proper enquiry as to whether the negro woman and her child were conveyed to Buck’s wife, to enable her husband to avoid payment of his just debts, and among them the debt due to the appellant. 5 Podge 586. 3. Henderson did not show any right of action in himself. If any -one had such right, it was Burk and wife, and not this sham and…
1Opinion of the CourtJustice Walker
This was an action of detinue, brought by Henderson, as trustee for Nancy Burk and her children, against O’Neill, for a negro slave.
The trial was had upon the plea of the general issue, and a plea of property in the defendant. Judgment was rendered for the plaintiff. Yarious exceptions were taken to the opinion of the Court upon the trial, all of which were presented upon a motion for a new trial, which was overruled, and, upon exceptions to the opinion of the Court in overruling the motion, are made part of the record, and assigned as grounds of error in this Court.
As the correctness of the…
2Cases cited3 opinions
- The Bank of the United States v. Elizabeth LeeSupreme Court of the United States · 1839
- Warren v. DickersonTexas Supreme Court · 1848
- Doe ex rel. Smith v. BradleyMississippi Supreme Court · 1846
3Cited by3 opinions
- McNeill v. ArnoldSupreme Court of Arkansas · 1856
- Yarbrough v. ArnoldSupreme Court of Arkansas · 1859
- McDermott v. CableSupreme Court of Arkansas · 1861