¶1 The action brought by the plaintiff was trespass for false imprisonment; to which the defendant pleaded that the plaintiff was his slave; and issue was joined thereupon. (346)
¶2 NOTE. — See Goble v. Goble, ante , 127, and Evans v. Kennedy , 2 N.C. 422 .
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Case posture Posture PLAINTIFF sued defendant for his freedom, by a writ returnable to this Court; whereupon the defendant put him in prison. Plaintiff's counsel complained of this to the Court, and moved for an habeas corpus , and the Court ordered one to bring him in a future day in the term, and ordered notice to be given to the defendant. The plaintiff was brought into court on the day appointed, and examinations in writing were taken to prove the probability that he was free, and a strong case was made out by them; these were filed in court. The Court ordered that the defendant either should give security to leave the plaintiff at liberty until the next term, to go whither he pleased to procure testimony, or should submit to the Court to go immediately into the consideration of what was proper to be done in the habeas corpus . He chose the former, and then the Court proceeded no further in the habeas corpus . The defendant was ordered to give bond and sureties accordingly, and the plaintiff was released from imprisonment. Source: CourtListener
