Legal Opinion

Thornton v. Davis

U.S. Circuit Court for the District of District of Columbia

Decided March 15, 1835PublishedCited by 3 opinions

Petition for freedom. Upon filing the petition, and a bill for an injunction, the chief justice had, in vacation, granted an injunction to restrain the defendant from removing the petitioner from the jurisdiction of the Court until further order. now moved for an attachment against Davis, for disobeying the injunction, and removing the petitioner, upon an affidavit stating the service and contemptuous language used by the defendant, on the service of the injunction, and his…

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Petition for freedom. Upon filing the petition, and a bill for an injunction, the chief justice had, in vacation, granted an injunction to restrain the defendant from removing the petitioner from the jurisdiction of the Court until further order. now moved for an attachment against Davis, for disobeying the injunction, and removing the petitioner, upon an affidavit stating the service and contemptuous language used by the defendant, on the service of the injunction, and his determination to remove the petitioner, if he could find him, an objected, and contended that the practice was to…

1Opinion of the Court

The Court (Thruston, J., absent,)

gave no opinion as to the effect of the misnomer, nor upon the validity of an injunction granted upon the affidavit of the petitioner, a colored man ; but said, that as the defendant had not denied that he removed the negro after the service of the injunction, there was a technical contempt, although he might have had no intention to treat the process of the Court with contempt. And as he is now present in *502Court, and has not obeyed the subpoena to answer the petition for freedom filed by the negro, by appearing and entering into the usual recognizance to…

2Cited by3 opinions

  1. United States v. AnonymousUnited States Circuit Court · 1884
  2. United States v. WynnDistrict Court, E.D. Missouri · 1882
  3. State v. YorkSupreme Court of New Hampshire · 1858

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