Legal Opinion

In re Perkins

California Supreme Court

Decided October 15, 1852PublishedCited by 25 opinions

This case was brought before Judge Wells, of the Supreme Court, by the petition and affidavit of the prisoners, Robert and Carter Perkins and Sandy Jones, July 1st, 1852, which sets forth, that about the 1st of June, 1852, they were seized without process of law, and taken before B. D. Fry, a justice of the peace of Sacramento, upon a pretended claim of one C. S. Perkins, of the State of Mississippi, for a certificate to remove them from the State of California to…

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This case was brought before Judge Wells, of the Supreme Court, by the petition and affidavit of the prisoners, Robert and Carter Perkins and Sandy Jones, July 1st, 1852, which sets forth, that about the 1st of June, 1852, they were seized without process of law, and taken before B. D. Fry, a justice of the peace of Sacramento, upon a pretended claim of one C. S. Perkins, of the State of Mississippi, for a certificate to remove them from the State of California to Mississippi, under the act of California, respecting fugitives from labour, and slaves brought into this State prior to her…

1Opinion of the Court

Murray, Chief Justice, and Anderson, Justice,

severally delivered opinions.

Murray, Chief Justice

The petitioners were arrested under the provisions of an act concerning fugitives from labour, passed April 15th, 1852, upon satisfactory evidence that they were slaves by the laws of Mississippi, were brought to California before her admission, and had upon demand refused to return to said State.' The magistrate before whom this examination was had, delivered them over to the custody of their owner, to be removed from this State, according to the provisions of the 4th section of said act. A writ of…

2Cases cited1 opinion

  1. Groves v. SlaughterSupreme Court of the United States · 1841

3Cited by25 opinions

  1. In Re ClarkCalifornia Supreme Court · 1993
  2. In Re CrowCalifornia Supreme Court · 1971
  3. Gonzales v. California Department of CorrectionsCourt of Appeals for the Ninth Circuit · 2014
  4. Miskimmins v. ShaverWyoming Supreme Court · 1899
  5. Matter of HughesCalifornia Supreme Court · 1911

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