John B. Richardson avers that he and Thomas J. Trueheart were partners in 1837 in the construction of the "Richmond & Petersburg railroad and the James River canal." He explains that in order to undertake the project the partners hired three slaves from one Overton T. Gardner and executed a bond payable quarterly, when presented at their "works." The petitioner further reports that the only time Overton presented the bond for payment was on a "Sabbath day" in May, a day when there is "no legal obligation to pay money or otherwise violate the holiness of that day." He contends that Gardner then "seduced the negroes from their employment" and used them in "his own services." He further charges that, in spite of the partners' efforts to settle the matter, Gardner instituted and won an "iniquitous" suit against them. Richardson claims that the suit is invalid because he did not have proper representation, his attorney being "taken seriously ill" and prevented from appearing in court. He therefore prays for an order enjoining Gardner from "further proceedings in the premises" of the suit until it has been "regularly pleaded."
Result: Granted.
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Repository: Library of Virginia, Richmond, Virginia
