Barry v. Kimball

Spoítord, J.

This is an action for the value of a slave, alleged to have been taken on board a steamboat, belonging to the defendant, without any right or' authority, and against the consent or leave of the petitioner, whereby the slave-was wholly lost to him.

The fine of $500, imposed by law, is also demanded for the illegal taking- and carrying away of said slave from New Orleans on a steamboat without authority.

*788It would appear, therefore, that the plaintiff’s intention was to base his action upon the highly penal statute of March 25th, 1840, (Session Acts, p. 89,) although the petition is…