{
  "id": 2090030,
  "name": "P. L. FERRELL v. HILLIARD BOYKIN",
  "name_abbreviation": "Ferrell v. Boykin",
  "decision_date": "1866-06",
  "docket_number": "",
  "first_page": "9",
  "last_page": "10",
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      "cite": "1 Phil. 9"
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  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
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    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "6 Jones, 265",
      "category": "reporters:state",
      "reporter": "Jones",
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        11277340
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      "cite": "6 Jones, 265",
      "category": "reporters:state",
      "reporter": "Jones",
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        11277340
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  "last_updated": "2023-07-14T20:18:16.220923+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "P. L. FERRELL v. HILLIARD BOYKIN."
    ],
    "opinions": [
      {
        "text": "Beade5 J.\nIt is plain law that an illegitimate child receives the settlement which its mother had at the time of its birth; and that such settlement continues until a new one is acquired. By the Rev. Code, ch. 86, s. 12, a new settlement is gained by a continuous residence in another county for one year, at least.\nCounty Courts being required (Rev. Code, ch. 5, s. 1,) to bind out \u201c all base-born colored children \u201d within their respective jurisdictions, it was not only the right, but the duty of the County Court of Nash county to bind out the boy, who is the subject of the present controversy. His residence in Wilson county, being for less than a year, had given him no settlement there, and, of course, his original settlement remained.\nIn tire course of the argument here, it was said that the County Court of Nash ought not to have assumed jurisdiction over the boy, unless that of Wilson had returned him thither, as a pauper. The answer to this is, that it is the duty of the court to bind out all free base-born colored children, whether they.are paupers or not! At least such was the law at the time of this transaction. It was assumed by the Legislature that children in their condition would be neglected, and so the courts were directed to bind out all of that class. In the present case, the County Court of Nash county, being responsible for the proper nurture of the boy, was not to wait until he became a vagabond, and had been cast back upon it as a pauper, by the county of Wilson ; but it was its duty at once to exercise its legitimate control, and bind him as an apprentice. Prue v. Hight, 6 Jones, 265.\nThe plaintiff being master of the boy, had a right to hia services ; and the defendant, having employed him, and then detained him from the plaintiff after a demand, is liable for the value of his services.\nThe judgment rendered in the court below must be reversed, and judgment given here for the plaintiff, in accordance with the verdict.\nPer Curiam, Judgment reversed..",
        "type": "majority",
        "author": "Beade5 J."
      }
    ],
    "attorneys": [
      "Batchelor, for the plaintiff.",
      "Meore., for the defendant."
    ],
    "corrections": "",
    "head_matter": "P. L. FERRELL v. HILLIARD BOYKIN.\nAn illegitimate free negro child, who has not gained a new settlement by a year's residence in some other county, is, for the purpose of being apprenticed, subject to the jurisdiction of tbe court of that county in wbich its mother was settled at the time of its birth.\nA master may recover damages of any one who, after demand made, detains an apprentice.\n(The case of Prue v. Hight, 6 Jones, 265, cited and approved.)\nTrespass on the case, tried before Shephard, J., at Fall Term, 1859, of Nash Superior Court.\nThe facts were, that at November Term, 1851, the County Court of Nash county hound a base-born free negro child as an apprentice to the plaintiff. The child had been horn in Nash county, and had lived there with his mother until December, 1856, when he removed with his mother to the county of Wilson, where he continued to reside until the time of the trial. ' In June, 1851, soon after his mother\u2019s death, the child had been bound by his mother\u2019s husband, who was also his reputed father, to the defendant, Boykin.\nUpon a demand being made by the plaintiff, the defendant refused to deliver up t\u00fce child, and therefore this suit was brought.\nAt the trial, the defendant insisted that the plaintiff could not recover, either because the in denture to himself was valid, \u2022or because the order made by Nash County Court was void.\nThe court directed the jury to find a verdict for the plaintiff, reserving the questions of law. Afterwards, being of \u00abpinion with the defendant upon the question of the jurisdiction of the County Court of Nash, the court ordered the verdict to be set aside and a nonsuit entered.\nWhereupon the plaintiff appealed.\nBatchelor, for the plaintiff.\nMeore., for the defendant."
  },
  "file_name": "0009-01",
  "first_page_order": 17,
  "last_page_order": 18
}