Eborn v. . Waldo

If we suppose in the second action of replevin, (113) which the bill alleges is now pending, the plaintiff established his right to the slave in question, and, by consequence, established the position, that the results of the first action were not in accordance with the rights of the parties, still the bill is without equity.

The court of equity does not interfere to prevent the enforcing of a recovery at law for errors of both law and fact, much less will it interfere to prevent the operation of what may be regarded as a hard feature in the law. The assessment of damages, after the nonsuit,…