
    HENRIETTA WOOD v. ZEB WARD.
    (S. C., 2 Leg. Rep., 290-296.)
    United States circuit court, Southern District of Ohio.
    KIDNAPPING. Estopjiel by record.
    During the existence of slavery in the southern states, a slave could not- sue or be sued; and, therefore, the judgment of a court, in a suit to regain her liberty by one kidnapped into slavery, that the plaintiff was a slave, will not estop her from a re-examination of the same question in a subsequent suit against her kidnapper; the finding of the fact that she was a slave divesting' the court of its jurisdiction.
    Cases cited: Jenkins v. Brown, 6 I-Ium., 299; Jacob v. State, 3 Hum., 493; Brandon v. The Huntsville Bank, 1 Stew. (Ala.), 320; Avery v. Smith, 1 Litt. (Ky.), 326; Bently v. Cleveland, 22 Ala., 814; Bland v. Dowling, 9 Gill and J. (Md.), 19; Hall v. Mullen, 5 I-Iar. and G. (Md.), 190; Taylor v. Embry, 16 B, Monroe (Ky.), 340; Trotter v. Blocker, 6 Port (Ala.), 269; Lamb v. Gertman, 26 Ga., 625; Graves v. Allen, 13 B.'Monroe (Ky.), 19; Jones v. Lipscombe, 14 B. Monroe (Ky.), 296; Turner v. Smith, lb., 417; Hinds v. Brascoll, 3 Miss., 837; Cunningham v. Cunning-ham, C. and N. (N. C.), 553; Batten v. Ereneh, 4 Jones, N. C., 232; 1 Leigh (Va.), 72; Smith v. Betty, 11 Gratt. (Va.), 751; Neal v. Parmer, 9 Ga., 555; Moran v. Davis, 18 Ga., 722; Craig- v. Lee, 14 B. Monroe (Ky.), 119; Oliver v. State, 39 Miss., 526; State v. David, 4 Jones (N. C.), 535; Stenhouse v. Ba.rnum, 12 Rich. (S. C.), 620.
   [This case is not of sufficient importance to be published in this report, as the syllabus given will show. Besides it is not an opinion of our supreme court. No notice whatever would be made of it had it not been published in the Legal Reporter, and there may be references to it that might be misleading but for the syllabus and this notice.]  