15 Vt. 162 | Vt. | 1843
The opinion of the court was delivered by
This was an action of trespass against the defendant, for seizing, taking, and conveying away, a certain sloop called the Gen. McComb, and, also, certain arms and munitions of war. To the declaration the defendant plead the general issue, and a plea in bar, and the plea in bar is traversed. On the trial by the jury, a verdict passed for the plaintiff, and the defendant moved for a judgment, veridicto non obstante, which was overruled by the court. The defendant endeavored to justfy the seizing and detaining the vessel, &c.-, under an act of Congress, passed in 1838, commonly called the neutrality act, which provided for the seizing of vessels and arms, prepared for expeditions against conterminous territory of foreign nations, with whom the United States were at peace.
On the subject of the taking, the defendant’s counsel requested the court to instruct the jury, that the act
The plea in bar sets forth, in-substance, that the defendant was a deputy collector ; that the sloop, Gen. McComb, arrived at Rouse’s Point, near the northern boundary of the United States, from some place to the south, and was then and there about to pass the frontier, for some place within the province of Lower Canada, having on board arms and munitions of war; and that, from the character of the vessel, and the arms and munitions of war on board, there was probable cause to believe, and the defendant did believe, they were intended to be employed in military operations in the province of Canada, &c., and for the reasons aforesaid, the defendant, as such deputy collector, did seize and detain the said sloop, and the said arms, &c. In the replication, the plaintiff denies that the sloop was about to pass the frontier of the United States, and issue is taken upon that fact only.
On the trial, the question arose as to what should be considered the frontier. The court decided that the frontier was the boundary line, between the United States and the province of Canada ; and unless the evidence satisfied the jury that the sloop was to be conveyed beyond the line, and into the province of Canada, the defendant had no authority, under the act before mentioned, to seize and detain the ves
It follow's from the opinion already expressed, that the plaintiff, in his replication, traversed an immaterial allegation in the defendant’s plea ; leaving the material part unanswered. The defendant now insists, that he is entitled to a judgment, notwithstanding the verdict. Such a judgment is never-rendered for a defendant. It is only rendered for a plaintiff,
The judgment of the county court is reversed.