Opinion
06-02-1808
Sarah (a woman of colour) v. Henry
The plaintiff obtained an injunction to restrain the defendant from carrying her out of the commonwealth, asserting her right to freedom, and that the evidence of that right could be obtained in the county of Accomac. She was ordered to be kept by the serjeant of the city of Richmond, unless the defendant would give bond and security for her forthcoming. This he failed to do, and, having filed his answer, moved to dissolve the injunction.
OPINION
PER CURIAM.
The answer and the record of Accomac County Court clearly shew that the plaintiff has mistaken her case. It has already been decided at law, and there is no case made for the interference of this Court. The injunction must be dissolved.
The next question was between the serjeant and the defendant about the expense of maintaining the plaintiff; and the Court held, clearly, that the defendant was bound for her expenses, as he might have retained her in his possession, upon complying with the conditions of the order, and avoided any expense.
Mr. Wickham then stated that he was not concerned in this case; but that a similar case had been so settled in the Court of Appeals against one of his clients.