Samuel, an infant, by and through his next friend, Marcy T. Andrews v. Barnard Lynch
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[missing figure]
SamuelSamuel of Color
Plff
vs
Barnard M LynchBarnard M Lynch
Deft Freedom
suit

St. LouisCircuit Court
CircuitCircuit Court
CourtCircuit Court

The deft moves the court to set aside
the [ Judgement ] by default and allow
the deft to plead to this case

1. Because the declaration in the
case is not a declaration in
trespass as the statute in such
case requires, and no other
declaration could be filed
than one in trespass.

2. Because the said declaration
or petition if it be more proper
to call it a petition does not
contain any fact which
would amount to trespass
either by the statute or common
law,

3. Because the same contains
no averment which can
constitute any action either
in law or equity,

4. That to claim to be the owner
of a person - is not actionable
the person who sues for freedom

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must aver that he or she is held in
slavery and show that physical
restraint is exercised over him
or her,

5. For aught that appears by the plff
showing he was at the institution
of his suit and is now
in the full enjoyment of his
freedom

6. There is no averment showing
whether slavery is or is not allowed
to exist in OhioOhio,

7. There is no averment that plffs mother
was ever held in slavery in OhioOhio.

8. There never was any proceedings so far
as the record in the case shows
appointing a next friend, for the
plff.

9. Because the defts attorney was induced
to believe that this case was
to depend upon the of
Marys case (See affidavit of S TS T Glover
GloverS T Glover filed in this case)

10. Because no proof was offered to show
the plffs right to freedom.

S. T. Glover

for
Deft