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United States District Court for the District of Iowa, 1849

Daggs v. Frazer

Daggs v. Frazer
United States District Court for the District of Iowa · Decided January 15, 1849
6 F. Cas. 1112

Counsel

J. C. Hall and J. T. Morton, in support of the demurrer,, J. P. Carleton, S. Whieher, and A. W. Sweet, in reply,

Daggs v. Frazer

Opinion of the Court

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.

*1114The 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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