Somervell v. Hunt

Decided October 15, 1792

General Court of Virginia · decided 1792-10-15

THIS was an appeal from Calvert county court. It was an action on the case for the escape of a runaway negro. By the bills of exceptions taken at the trial at September term, it appears: 1. The plaintiff offered in evidence an advertisement in the Maryland Gazette, which advertisement is as follows: '■'■May 6, 1784. Committed to Calvert county gaol, as a runaway, on the 1st instant, Negro Tom, who says he belongs to John Somervell, of St. Mary's county.

Decided 1792-10-15

The Court

¶1were of opinion, and So directed the jury, that the paper purporting to be a commitment was void, and that the said negro was not lawfully in the custody of the defendant; and that the defendant is not liable to this action, or any damages to the plaintiff, in the manner and form as the said action is prosecuted.

¶2The plaintiff excepted to this opinion and direction of the court.

¶3The objection in this case was, that the warrant of *115commitment by the justice was not under seal, and the county court determined, that on that account, the action would not lie.

Martin, (Attorney-General,) for the appellant.Pinkney, for the appellee.

¶4The general court affirmed the judgment.