Evans v. . Kennedy

This has often been ordered before on similar occasions, and is the usual practice where the trial is delayed till a succeeding term.

It was so ordered accordingly in the present case.

I think the bond usually given goeth further — to allow the plaintiff time to collect evidence and procure depositions, if necessary.

The action used on such occasions for eight or ten years past is the action of trespass and false imprisonment, to which the defendant pleaded that the plaintiff is a slave, and cannot maintain an action; and to this the plaintiff replies he is not a slave; and an issue is made up upon this point and tried by a jury. The (423) issue was then made up in the present case accordingly, and the evidence not being competent to prove the plaintiff's freedom, the Court recommended the withdrawing a juror, which was agreed to; and then the plaintiff's counsel moved that defendant might give bond and sureties to permit the plaintiff to appear at next term, and to treat him with humanity in the meantime.

I do not recollect the defendant was ever bound to that. It would produce a loss of the plaintiff's service, which in the event of a verdict against him, the owner could not be compensated for.

So the bond was ordered to be taken as above.

See Gober v. Gober, 3 N.C. 127; Parker v. __________, ib., 345. Negroes are presumed to be slaves till the contrary appears; not so of persons of mixed blood. Gober v. Gober, 3 N.C. 170; Scott v. Williams,12 N.C. 376. This last case also decides that, under particular circumstances, substantial damages may be given in actions of this nature. *Page 337