Legal Opinion

Henley v. Arbuckle

Supreme Court of Missouri

Decided January 15, 1850PublishedCited by 5 opinions

APPEAL FBOM HENBY CIKCUIT COUKT. This was an action of detinue, for six slaves, to which the defendant pleaded the former statute general issue, applicable to all actions; upon which there was a jury trial. The record contains a formal yerdict and'judgment for the plaintiff.

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APPEAL FBOM HENBY CIKCUIT COUKT. This was an action of detinue, for six slaves, to which the defendant pleaded the former statute general issue, applicable to all actions; upon which there was a jury trial. The record contains a formal yerdict and'judgment for the plaintiff. From a hill of exceptions in the cause it appears, the jury returned a verdict in which they state that they find “the slaves (specifying them) to he the property of the plaintiff, as mentioned in the declaration,” and assess the value of each slave separately, and find nothing more. Before the jury were discharged the…

1Opinion of the CourtNapton, J.

We cannot see any substantial objection to the course pursued by the Circuit Court. The verdict as it appears on the record is formal. A bill of exception is filed with a view to show that this verdict was never-rendered by the jury. This bill states two facts, first, that an informal, perhaps an incomplete verdict was rendered by the jury ; the verdict being, that the plaintiff was the owner of the slaves in controversy, without further stating that the defendant detained them. It also appears, in the same way, that the court advised the jury that their verdict was not in due form, and…

2Cited by5 opinions

  1. Keyes v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1930
  2. Kreibohm v. YanceySupreme Court of Missouri · 1900
  3. Acton v. DooleyMissouri Court of Appeals · 1885
  4. State ex rel. Nicholson v. RombauerSupreme Court of Missouri · 1869
  5. Clapp v. MartinAppellate Court of Illinois · 1889

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