Fisk v. Proctor

The judgment of the court (Rost, J. absent,) was pronounced by

Kino, J.

The plaintiff claims in this action damages, on the ground that a slave sold to him by the defendant was an habitual runaway. There is no allegation or proof of a tendor of the slave previous to* the commencement of the suit, and on this ground a judgment, as in case of non-suit, was rendered in the lower court, from which the plaintiff has appealed'.

He contends that this, being a suit for damages, it is not subject to the rules which govern redhibitory actions. In the case of Richardson v. Johnson, 2 An. Rep. 389, we hold…