Sarah, a colored woman v. William Waddingham
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St louis Circuit court nov. term 1846

SarahSarah of color vsWilliamWilliam WaddinghamWaddingham

The defendant in the above
entitled case, moves the court to set asidethe
verdict and grant a trial; Because

1st The verdict is against the evidence

2nd The verdict is against the law

3rd The verdict is against the law and evidence

4th The verdict is against the wieght of testimony

5th The court erred in ruling out certain facts of
the of the depostions offered to be read on the part of defendant

6th The court misinstructed the jury

7th The court erred in refusing to grant the
instructions asked for by defendants counsel

8th The court erred in giving verbal instructions
to the jury: that is in verbally instructing the jury that the matters chiefly relied upon by the defendant in defence of this suit to wit the sickness of the plaintiffs child while
in IllinoisIllinois at Mr Wm K Prosser between the latter part ofnov 1840, and
the ninth of february 1841 - the bad state of the
roads - the cold and inclement weather - at
that time, afforded noexcuse or justification for Mrs ProsserProsser in detaining plaintiff in IllinoisIllinois inasmuch as the mother and child are separate and distinct pieces of property.

9th The Court erred in accompanying the instruc-
tions given to the jury with the above verbal remarks

HarveyHarvey & ThomasThomas

attys for defendant