Miller v. Dwilling
Supreme Court of Pennsylvania
IN ERROR. Error to Washington county. This actien, of Nomine replegiando, in which Jtlfred Dwil-Ung, the .defendant, in error, was plaintiff, and John Miller, the plaintiff in error, defendant, was entered, in the Court of Common Pleas of Washington county, of November Term, 1824, to try the right of the defendant to hold the plaintiff as his-servant, until he should attain.the age of twenty-eight years.
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IN ERROR. Error to Washington county. This actien, of Nomine replegiando, in which Jtlfred Dwil-Ung, the .defendant, in error, was plaintiff, and John Miller, the plaintiff in error, defendant, was entered, in the Court of Common Pleas of Washington county, of November Term, 1824, to try the right of the defendant to hold the plaintiff as his-servant, until he should attain.the age of twenty-eight years. On the trial, the President of the court, gave, among others, the following instructions to the jury, to which the counsel of the defendant below excepted:— ' ‘•‘The principal question, then,…
1Opinion of the Court
The opinion of the court was delivered by
Tiighman, C. J.
This was an action of Homine replegiando, and the single question is, whether the child of a servant until the age of twenty-eight years, can be held for the same period, and 'on the same conditions as its mother, who was the daughter of a-registered slave. It is a matter of importance, and has been very well argued. The case depends on' the act for the' gradual abolition of slavery, passed the 1st of March, 1780, and an.act to ex-, plain and amend the same, passed the 29th of March, 1788. If the argument in favour of servitude be…
2Cases cited1 opinion
- Commonwealth v. HollowaySupreme Court of Pennsylvania · 1816
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- Commonwealth v. ShepardSupreme Court of Pennsylvania · 1832