Dixon v. Allender

Decided August 15, 1837

New York Supreme Court · decided 1837-08-15

A writ de homine replegiando was sued out in this case by the alleged slave, and a motion was now made by the claimant to quash the writ, on the strength of the decision of this court in the case of Jack, a negro man, v. Martin, (12 Wendell, 311.) insisted that the certificate granted by the recorder in this case, to the claimant, was granted without such proof having been adduced as is required by the statute on this subject, (Laws of the U. S. vol. 2, p. 165, passed 12th…

Decided 1837-08-15

¶1The Court,

Nelson, Ch. J.

¶2[680] presiding, directed the motion to he suspended until the next special term; in the mean time the attorney for the plaintiff to have leave to prepare and serve his declaration, and the attorney for the defendant to have leave to plead the proceedings had before the recorder under the act of congress, to which the plaintiff may demur, with the view to enter the formal judgment of this court, so that the cause may be removed to the court of dernier resort in this state, for a final decision upon the constitutional question involved in the motion now made; he further directed that a record be made up and presented to him for settlement previous to the entry of judgment thereon.