Duncan's v. Poydras's Executors
Duncan's v. Poydras's Executors
Opinion of the Court
delivered the opinion of the
The whole claim of the petitioner grows out of a seizure made by the collector of the port of Orleans, of a quantity of slaves shipped from one of the northern states to this, on an allegation, that the regulations contained in the act of Congress, in relation to the transportation of slaves from one state to another, by sea, had been violated.
Three libels, it appears were filed against the vessel, in the district court of the United States; and two actions were brought in the court of the state, against the collector:—one to obtain a sequestration of the slaves, and the other for damages consequent on the illegal seizure.
The services and the value of them are proved in those actions in which Poydras was directly concerned, where he was plain
The plea of prescription, is not supported. Some of the suits were continued up to the year 1821; and between that time and the commencement of the action, the period required by law to bar claims of this description, had not elapsed. When the services are continuous and uninterrupted, prescription runs from the time they are finished, not from their commencement.
It is therefore ordered, adjudged and decreed, that the judgment of the district court be avoided, reversed and annulled, and it is further ordered, adjudged and decreed, that the plaintiff do recover of the defendants, the sum of fifteen hundred dollars, with costs in the court below, the appellee paying those of appeal.
Reference
- Full Case Name
- DUNCAN'S v. POYDRAS'S EXECUTORS
- Status
- Published