Jack v. Martin
New York Supreme Court
Error from the superior court of the city of New-York. Jack sued out a writ de homine replegiando, in which, after alleging that he, a negro man, was in the custody of Mary Martin, and that she claimed him as a slave, or a person who owed her service, and that she detained him on that account, the sheriff was commanded to cause Jack to be replevied, and to summon Mary Marlin to answer, áte.
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Error from the superior court of the city of New-York. Jack sued out a writ de homine replegiando, in which, after alleging that he, a negro man, was in the custody of Mary Martin, and that she claimed him as a slave, or a person who owed her service, and that she detained him on that account, the sheriff was commanded to cause Jack to be replevied, and to summon Mary Marlin to answer, áte. On the return of the writ, a declaration was filed, containing three counts ; in the first, it is alleged that Mary Martin, on the 20th August, 1833, at the city and county of New-York, took Jack, and him…
1Opinion of the Court
By the Court,
Nelson, J:
The constitution of the United States, art. 4. sec. 2, sub. 3. provides, that “ no person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor ; but shall be delivered up on claim of the party to whom such service or labor may be due.” At the second session of the second congress under the constitution, an act was passed to carry into effect this part of the forgoing article, substantially as follows : That when any person held to labor in…
2Cases cited6 opinions
- Blanchard v. RussellMassachusetts Supreme Judicial Court · 1816
- In re ClarkNew York Supreme Court · 1832
- Moore v. HoustonSupreme Court of Pennsylvania · 1817
- Sewall v. RussellNew York Supreme Court · 1829
- Pike v. GandallNew York Supreme Court · 1832
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Prigg v. PennsylvaniaSupreme Court of the United States · 1842
- The RoanokeSupreme Court of the United States · 1903
- Simmons v. JenkinsIllinois Supreme Court · 1875
- Swinnerton v. . Columbian Insurance Co.New York Court of Appeals · 1867
- Jones v. Van ZandtSupreme Court of the United States · 1847
18 more not listed; retrieve them via the Exa API.