Berry v. Singer
Supreme Court of Arkansas
Appeal from the Bradley Circuit Court. Replevin, for a slave, brought by Francis C. Berry vs. Thomas Singer, in the Bradley Circuit Court, and determined before the Hon. William H. Feild, Judge, at the April term, 1848. Defendant pleaded nmicepit, and property in himself; issues to the pleas, trial, and verdict for defendant.
Read the full summary
Appeal from the Bradley Circuit Court. Replevin, for a slave, brought by Francis C. Berry vs. Thomas Singer, in the Bradley Circuit Court, and determined before the Hon. William H. Feild, Judge, at the April term, 1848. Defendant pleaded nmicepit, and property in himself; issues to the pleas, trial, and verdict for defendant. Plaintiff filed a motion for a new trial, as follows: “ Now, on this day, comes the said Berry, by Yell and Rainy, his attorneys, and moves the Court for a new trial in this case : 1st. Because the verdict ot the jury is contrary to law and evidence. See Exhibit (A),…
1Opinion of the CourtJustice Scott
A preliminary question raised by counsel and discussed at full line seems decisive of the case before us. And, for this reason, as well as that it involves matters of practice of more than usual importance, as so many cases are brought into this Court to be reviewed on bill of exceptions to the overruling of motions for new trial, it deserves more than a passing notice.
The right of this Court to entertain these questions arising on bill of exceptions, sustained, as it is, by eminent authority, (Hook vs. Nansey, 4 Hen, & Munf. 157. Keys & McFadridge, 6 Munf. 18. Bennett vs. Hardaway ad., ib.…
2Cases cited2 opinions
- Lenox v. PikeSupreme Court of Arkansas · 1839
- Danley v. Robbins' HeirsSupreme Court of Arkansas · 1840
3Cited by1 opinion
- Wilamouicz v. AdamsSupreme Court of Arkansas · 1852