
    Case No. 1,347.
    BERNARD v. HERBERT.
    [3 Cranch, C. C. 346.] 1
    Circuit Court, District of Columbia.
    Nov. Term, 1828.
    Detinue — When Lies.
    Detinue will lie for a slave, although the defendant obtained the possession tortiously.
    At law. Detinue for a slave. Mr. Wise, for the defendant, prayed the court to instruct the jury, that if the defendant obtained possession of the slave tortiously, the plaintiff cannot recover in this cause; and cited Selw. N. P.
    Mr. Neale, for the plaintiff,
    was stopped by THE COURT, who said that the plaintiff might waive the trespass, and refuse to give the instruction.
     