Caldwell v. Fenwick

Judge Nicholas;

delivered the Opinion of the Court.

Fenwick sued Caldwell, in detinue, for two slaves— one of them, as proved on the trial of the general issue, being dead before the institution of the suit. The only question, that need he noticed, is, whether the action could be maintained, for or on account of the slave that was dead.

It seems to us, that it cannot. The frame of- the action and the principles of pleading forbid it. Detinue jis a mode of action given for the recovery of a specific 'thing, and damages for its detention. Though judgment is, also, rendered, in favor of tiie…