Donnell v. . Shields
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Guilford County, at the Fall Term, 1847, his Honor Judge Baile* presiding. This was an action of trover brought by the plaintiffs against James M. Patterson and three other defendants, to recover damages for the conversion by them of several slaves.
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Appeal from the Superior Court of Law of Guilford County, at the Fall Term, 1847, his Honor Judge Baile* presiding. This was an action of trover brought by the plaintiffs against James M. Patterson and three other defendants, to recover damages for the conversion by them of several slaves. The defendant pleaded severally the general issue, not guilty, and upon the trial of the issues in the Superior Court of law, at Guilford, on the spring circuit of 1848, the jury found the defendants “ severally guilty,” and assessed the plaintiff’s damages to $2,048 60, and judgment was rendered that the…
1Opinion of the CourtBattle, J.
Upon the direct authority of the cases of Gilliam v. Micks, 4 Dev. Rep. 217, and Dunns, McIlvaine, and Brownley v. Jones, 4 Dev. and Bat. Rep. 154, and for the reasons therein given, which it is unnecessary for us to repeat,we are bound to allow the motion made by the plaintiffs’ counsel, and to dismiss the defendants’ appeal. It is true that the defendants, in the Court below, pleaded severally not guilty, and the jury found them severally guilty, yet the damages assessed were for one entire sum against all, as they ought to have been (¡Sir John Muydanfs case, 11 Coke’s Rep. 5. Lawfield v.…
2Cited by2 opinions
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