Caton v. Carter

Decided June 15, 1838

Court of Appeals of Maryland · decided 1838-06-15

This was a petition for freedom, filed on the 12th December, 1837,- by the appellee, claiming to be born free, and alleging he was held as a slave by the appellant. The defendant below, Catón, claimed the petitioner as his apprentice, for a period not yet expired, and denied the jurisdiction of the court.

Cited by 1 later decisions (1 by the Supreme Court) — most recently October 1875

Good law ✅— No negative treatment on recordhow we know

Decided 1838-06-15

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Chambers, Judge,

¶1delivered the opinion of the court.

¶2The orphans court could have no jurisdiction in this case, if the appellee was the apprentice of the appellant.

¶3It was therefore proper to receive testimony upon this preliminary question.

¶4To establish the fact of such apprenticeship, it was necessary to prove that the appellee had borne the name by which it was alleged he was apprenticed — that indentures had been regularly executed by competent parties, and that they had been regularly approved and recorded. The particular order in which the appellant chose to establish these facts was a *478matter for his exclusive consideration — the record shews that he commenced by offering testimony of the identity of the appellee, and we think that the orphans court was wrong in arresting the examination.

¶5JUDGMENT REVERSED AND CASE REMANDED.