William Jordan v. Lemuel Sawyer. Notes re. Judgment


Sawyer Case

Mr Hay.

Reasons in arrent of Judgmt as to the Petitioner. radically & essentially defective. "That William is a free man Held in Bondage by a certain Lemuel Sawyer &c

This allegation not sufficient. too gen general. this case like all others, requiring pleadings &c

ought to state in what way he claims his freedom, whether born free, or by importation or otherwise...

So in the course of this trial, altho the Pet. Counsel calld on to state the specific ground [illegible] with his writ. refusd to give him the information.

[illegible] did know untill the Pet counsel had closd his remarks on the subject, what grounds upon which he claimd his freedom

can[?] in a Court of Equity move[?] [illegible] would be required. allegation must embrace, the whole matter with [illegible] act of assembly on the subject. 22nd Sec.


to determine each and all of the allegations in the said Petition

the words "allegation" furnishes inference that the allegations that he is free only not enough

Mr Key. the objection [torn page] too late he ought to have made the objection at the time of the plea

issue is simply whether the man is free or not

Mr Hay in conclusion.
as to the practice[?] of the facts[?] were if in evidence[?] does not warrant the proceeding in this case

not aware that the court has ever decided the point

as to being too late
proves too much. that no motion in arrant of Judg. could be made in any case

Case Sawyer remarks.