¶1*29The parties being called, and not appearing, Judge RoINE pronounced this Court's opinion:-
¶2considers this action as an action of trespass ~ci et armis; and, thus Considering it, affirms the judgment.
6 Va. 27
Decided November 8, 1817
Supreme Court of Virginia · decided 1817-11-08
<p>1 Trespass `vi ci armie~ and not case, is the proper action, against a Justice of the peace, for n2ahcioflSlq & corr)tif, with intent to injure and oppress, and -without probable cause, issuing a Search warrant, by virtue whereof ~a Constable forcibly enters the plaintiff's close, and takes and carries away from his possesSion certai~i slaves which he held as hi~ property.</p> <p>I 2. The form of the declaration in such action~</p>
Decided 1817-11-08