Daggs v. Frazer

D. Iowa

Daggs v. Frazer

6 F. Cas. 1112

District Court, D. Iowa·Decided January 15, 1849·Published

Opinion

BY

THE COURT.

The averments in the declaration are not sufficient to support the action. Trover will not- lie in this state to recover the value of slaves. See opinion of Coulter, J., 2 Am. Law J. (N. S.) 41 [Kauffman v. Oliver, 10 Pa. St. 514], Demurrer sustained.

[1114] The plaintiff then asked leave to withdraw his joinder in demurrer, and amend his declaration in any manner not inconsistent with the writ, which was granted, and the cause continued at the costs of the plaintiff.

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BY

THE COURT.

The averments in the declaration are not sufficient to support the action. Trover will not- lie in this state to recover the value of slaves. See opinion of Coulter, J., 2 Am. Law J. (N. S.) 41 [Kauffman v. Oliver, 10 Pa. St. 514], Demurrer sustained.

[1114] The plaintiff then asked leave to withdraw his joinder in demurrer, and amend his declaration in any manner not inconsistent with the writ, which was granted, and the cause continued at the costs of the plaintiff.

Daggs v. Frazer, 6 F. Cas. 1112 (iad 1849).

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