Nicholson v. Elton

The opinion of the court was delivered by

Tilghhan, C. J.

This was an action of trespass vi et armis, &c., brought by Jlbner L. Duncan, deceased, against John Id. Elton, deceased, captain of the United States’ ship of war the Saranac, for a forcible seizure of the plaintiff’s ship and cargo, on the high seas. The seizure was made for a supposed breach of the laws of the United States, for which, the ship and cargo were libelled in the District Court of the United States, at Savanna, in Georgia, ax\á by the judgment of that court acquitted, and the property decreed to be restored to the owner.…