Opinion
03-20-1813
Kent v. Armistead
Stanard for the plaintiff in error. Williams for the defendant.
Argued March 16, 1813
In this case the declaration was in the following words: " The district composed of Richmond, Westmoreland, Lancaster and Northumberland counties, to wit: Lewis G. Armistead complains of Thomas Kent, in custody, & c., of a plea, that he render to him one negro slave named Spencer, of the value of 500 dollars, which from him he unjustly detains; for that whereas the plaintiff, on the ___ day of ___ 1806, at the parish of ___, and county of Northumberland aforesaid, which is within the jurisdiction of this court, delivered to the defendant the said negro, of the value aforesaid, to be by him safely kept, and by him to be redelivered to the plaintiff, when thereto afterwards requested; yet the defendant, although often requested, the said negro slave to the plaintiff hath not yet re-delivered, but the same to him to deliver hitherto hath and still doth refuse; to his damage 500 dollars; therefore he brings suit, & c."
The plea was non detinet. Several exceptions were taken at the trial, which need not here be mentioned, as no opinion was expressed upon them by this court. A verdict was found and judgment entered for the plaintiff; to which a writ of supersedeas was awarded.
Judgment reversed.
Stanard for the plaintiff in error.
Williams for the defendant.
The president pronounced the court's opinion.
OPINION
Saturday, March 20th, 1813. The president pronounced the court's opinion, " that, (without deciding either of the points stated in the bills of exceptions,) the declaration is insufficient to support the action; it not being stated therein that the slave in question belonged to, or was the property of the plaintiff, now defendant."
Note. See 1 Chitty on pleading, 365; 3 Tuck. Bl. 152 Saund. 379, note 13.
Judgment reversed, and entered in favour of the plaintiff in error.