Summerall v. Thoms
Supreme Court of Florida
This was an action of detinue for the recovery of a slave, brought in the Circuit Court of Duval County. The jury, under the instructions of the Court, returned a verdict for the plaintiffs, and the defendant brought the case to this Court by writ of error. The nature of the case — the points ruled by the Court below — the instructions given — and the testimony of the witnesses, are set out with precision and exactness, in the opinion delivered by a majority of the Court.
1Opinion of the CourtLancaster, J.
This was an action of detinue, brought by Thoms and wife, to recover possession of a female slave named Sue. There are two counts in detinue. The first charges a delivery of the slave to the defendant, to be re-delivered to the plaintiff, Eliza Thoms, when required. The second charges that, before the intermarriage of the said Eliza with the other plaintiff, Daniel Thoms, that she casually lost the said slave out of her possession, and that the said slave came to the possession of the defendant by finding ; and the usual breaches are assigned to both counts. There is a third count in debt,…
2Cases cited6 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Hepburn v. DuboisSupreme Court of the United States · 1838
- Jones v. VanzandtU.S. Circuit Court for the District of Ohio · 1843
- Ryerss v. WheelerNew York Supreme Court · 1841
- Lessee of Binney v. Chesapeake & Ohio Canal Co.Supreme Court of the United States · 1834
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3Cited by7 opinions
- Collier v. BrooksDistrict Court of Appeal of Florida · 1994
- Dionne v. Columbus Mills, Inc.District Court of Appeal of Florida · 1975
- Grossman v. Levy'sSupreme Court of Florida · 1955
- Miami Beach First National Bank v. ShalleckDistrict Court of Appeal of Florida · 1966
- Lee v. ThompsonSupreme Court of Florida · 1936
2 more not listed; retrieve them via the Exa API.