Hutchins v. M'Lean, 1 N.C. 110, 1 Cam. & Nor. 110 (1800)

June 1800 · North Carolina Court of Conference
1 N.C. 110, 1 Cam. & Nor. 110

Anthony Hutchins vs. Hector M’Lean.

This was an action of Detinue brought in Fay-etteville Superior Court, and the writ was " to answer Anthony Hutchins, of a plea that he render to him the following negro slaves, to wit: a female slave named Milly, and her three children, to wit, Creecy or Lucretia, Simon and Lettice, which he unjustly detains, to his damage of five hundred pounds.” The Plaintiff had a verdict in which the value of each slave was found; and the Defendant’s Counsel moved in arrest of judgment, that no price or value is laid for the negroes named in the writ as being detained.

By the Court.—

The reasons in arrest of judgment cannot avail the Defendant. He ought to have demurred for the cause assigned in his reasons in arrest of judgment, but having pleaded an issuable plea, and that being found against him, it is too late after the verdict, to take the exceptions. This de-*111fect being excused by the several acts of the General Assembly, for the amendment of the law.