Newell v. Cowan
Mississippi Supreme Court
In error to tbe Circuit Court of Harrison county. Hon. John E. M'Nair, judge. Robei’t C. Cowan and wife, sued James Newell, in trespass, under tbe New Pleadings Act, to recover damages for tbe loss of a slave, belonging to Mrs. Cowan, and wbicb tbejj alleged bad been drowned, by tbe illegal act of defendant’s slaves, in endeavoring to arrest bim, in obedience to defendant’s orders.
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In error to tbe Circuit Court of Harrison county. Hon. John E. M'Nair, judge. Robei’t C. Cowan and wife, sued James Newell, in trespass, under tbe New Pleadings Act, to recover damages for tbe loss of a slave, belonging to Mrs. Cowan, and wbicb tbejj alleged bad been drowned, by tbe illegal act of defendant’s slaves, in endeavoring to arrest bim, in obedience to defendant’s orders. Defendant pleaded, first, tbe general issue; and second, that be bad not been prosecuted and convicted criminally of tbe felony complained of in said supposed trespass. Plaintiff demurred to tbe said second plea,…
1Opinion of the Court
PlSHER, J.,
delivered tbe opinion of tbe court.
Tbe plaintiffs below brought this action in tbe Circuit Court of Harrison county, to recover from tbe defendant tbe value of a slave, alleged to have been killed by tbe slaves of tbe defendant, while attempting to arrest tbe said slave, under tbe orders of their master.
Tbe jury having returned a verdict for tbe plaintiffs below, tbe counsel for tbe defendant moved tbe court for a new trial, which being refused, a bill of exceptions setting forth tbe evidence introduced on tbe trial, was taken, from which it appears, that tbe slave of tbe…
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- Pioneer Mining Co. v. TybergCourt of Appeals for the Ninth Circuit · 1914