Olivier v. Cannon
Supreme Court of Louisiana
APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW ORLEANS. This is an action to recover an old slave, horse and dray, valued in the inventory at $331, and damages for the tortious taking and illegal detention of the same. The plaintiff alleges the defendant took said property and detains it without any reason or title whatever, which belongs to the estate he ad* ministers.
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APPEAL FROM THE PARISH COURT FOR THE PARISH AND CITY OF NEW ORLEANS. This is an action to recover an old slave, horse and dray, valued in the inventory at $331, and damages for the tortious taking and illegal detention of the same. The plaintiff alleges the defendant took said property and detains it without any reason or title whatever, which belongs to the estate he ad* ministers. He prays judgment, restoring the possession of the property, and 500 dollars in damages; and that in the mean time the slave, horse and dray be sequestered. There was a judgment by default, made final, restoring…
1Opinion of the CourtMartin, J.
The defendant is appellant from a judgment by default, on a *475charge of his having tortiously taken and detained a slave, horse and dray, belonging to the plaintiff. He assigns as error apparent on the face of the record, that the damages claimed were assessed by the court without the intervention of a jury.
In actions of tort, which from the nature of the demand, damages are to be assessed, a jury must be summoned to find the same. The court alone cannot assess damages in such cases.
It appears to us that this assignment 'of error must prevail. The action is instituted for a tort, and the Code…
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