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Somerset v Stewart (1772) 98 ER 499 (also known as Sommersett v Steuart, Somersett's case, and the Mansfield Judgment) is a judgment of the English Court of King's Bench in 1772, relating to the right of a slave on English soil not to be forcibly removed from the country and sent to Jamaica for sale.
Mansfield's judgment was finally overruled by the House of Lords in Donaldson v Beckett in 1774. [ 56 ] Mansfield's judgment has been criticised as being unusually short-sighted because he failed to see that while his decision was correct for that particular case, the precedent it would set would create an unfair monopoly for the booksellers ...
Robinson v Robinson (1756) 96 ER 999, Lord Mansfield's first case, holding a will effective if, even uncertainly, it does "manifest general intent" Cooper v Chitty (1756) 1 Burr 36, trover and conversion; R v Richardson (1758) 97 ER 426, principles of representative accountability in companies
Mansfield was one of James Somersett's lawyers; Somersett was a slave brought by his master from Jamaica to London in 1769, and freed on 22 June 1772 by a ruling from Lord Mansfield (no relation). Mansfield was made king's counsel on 24 July 1772, and a bencher of the Middle Temple shortly after, on 6 November 1772.
Mansfield's deliberate procrastination stretched Somerset's Case over six hearings from January to May, and he finally delivered his judgment on 22 June 1772. It was a clear victory for Somerset, Sharp and the lawyers who acted for Somerset.
On 22 June 1772, the judge, Lord Mansfield, found in favour of Somerset. [3] Mansfield had meant for the ruling to be narrowly construed around the legality of forcible deportation, only conceding by a 1679 statute that slaves are servants, and not chattels. [2]
Stearns attended Mansfield Christian School from 2010-2014. In the complaint, she said the sexual abuse began when she was 14 and the assistant softball coach was 27.
Confirmation of the Mansfield ruling, that "positive law" would be required to make slavery lawful, appears in the judgment of Mr. Justice Best in Forbes v Cochrane [25] in 1824. He said, "There is no statute recognising slavery which operates in that part of the British empire in which we are now called upon to administer justice."