Clayton v. Solomon Banks

Delaware Court of Common Pleas

Clayton v. Solomon Banks

1 Del. Cas. 520, 1814 Del. LEXIS 13

DecidedDecember 3, 1814

StatusPublished

This text of 1 Del. Cas. 520 (Clayton v. Solomon Banks) is published on Counsel Stack Legal Research, covering Delaware Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clayton v. Solomon Banks, 1 Del. Cas. 520, 1814 Del. LEXIS 13 (Del. Super. Ct. 1814).

Pincite

Opinion

Per Curiam.

The motion seems reasonable. Let the writ issue returnable forthwith.

Hall today moved to discharge the Negro on filing common bail. He read the indenture and assignments.

BrincTcle opposed it: first, because he had no notice, and so Hall could take nothing by his motion but a rule nisi. Plaintiff, he said, was taken by surprise. At any rate, as plaintiff had verified his petition by affidavit, and as the Court had thereon awarded a copias, they would not now turn about and discharge the defendant. This would make the copias frivolous. Besides, defendant will be out of reach before we can proceed a step further.

It would be hard to detain defendant until next term in prison. The Court think he should be discharged on filing common bail.

Rule granted.

Hall and Way, Justices, absent

Free access — add to your briefcase to read the full text and ask questions with AI