Appeal from the court of the third district.

^'l,e defendant was charged with the wrongful hiking &nd detention of a slave of the wife, and the Pontiff* prayed he might be decreed to return the slave, pay damages for the wrongful taking i * n a » and detention, and be enjoined in the meanwhile _ . from selling or otherwise disposing of the slat e. rT ' . ,

. , He answered, that as deputy marshal of tne United States, for the Louisiana district, he took the slave, named in the petition, by virtue of an execution issued out of the court of the United States, for that district, against the husband ia whose possession the slave was found. He pleaded to the jurisdiction of the state court, denying its authority and jurisdiction over him, as deputy marshal of die United States, and its power to suspend, arrest, or in any manner interrupt the proceedings of the court from which the execution had issued. Lastly, he denied the slave to be the property of the wife, and averred it to be that of the husband.

The district court gave judgment that the plea to the jurisdiction be sustained, and the proceedings dismissed, for want of jurisdiction, at the plaintiffs’ costs. They appealed.

By the statement of facts, which was signed by the counsel, it appeared that the only point, acted upon in the court á quo, was the plea to the jurisdiction, and the only pieces of evidence adduced were a commission from the marshal of the United States for the Louisiana district, appointing the defendant his deputy, and a writ of fieri facias, issued out of the district court of the United States for that district, against the husband.

Three questions present themselves for consideration.

1. Has there been such an injury done to the petitioner, in disturbing her in the enjoyment of her property, as affords grounds of complaint before a court of justice? If so,

2. Before what court ought that complaint to be made, as regulated by our state laws?

3. May the court of the United States entertain jurisdiction of suits, similarly situated as this is ? If that court cannot, by means of its limited jurisdiction, afford to the plaintiffs relief, in the same manner as the state court could do, then the state court, of necessity, must have power to relieve, without resorting to that court.

I. It is a truth, needing no argument, that every person may come before a court with a . . „ „ petition for redress of wrongs.

Our act of assembly concerning the execution of the judgments of courts, authorizes the clerk to issue a writ of execution, directed to the sheriff of any parish in this state, where the petitioner supposes the defendant may have property, That writ commands the sheriff to demand payment of the debt, and if not paid, to make the same out of the personal estate of the defendant; and in default thereof, then out of the slaves and real estate, by the seizure and sale thereof, after advertising the same for a certain number of days. Jlcts 1803 — 1813, &fe.

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