Case No. 6,428.

HERRON v. RUNKLE.

[1 Am. Law Rev. 217.]

Circuit Court, W. D. Tennessee.

April 11, 1866.

FREEDMEN'S BUREAU—INJUNCTION AGAINST TRESPASS.

[A court of equity cannot enjoin the commission of a trespass on the part of an officer of the Freedmen's Bureau, in the levying of an execution upon personal property.]

This was a bill praying for injunction to restrain the defendant, who was superintendent of the Freedmen's Bureau, from enforcing, against the personal estate of the plaintiff's testator, a judgment rendered by the defendant against plaintiff's testator, a white citizen, in favor of a freedman.

TRIGG, District Judge, held that the act of March 3, 1865, § 1 [13 Stat. 507], gave the Freedmen's Bureau no jurisdiction to determine such suits, and that the enforcement of the judgment would be a trespass, but that the court could not enjoin against the commission of such trespass, and that the parties must be left to their remedies at law.

This volume of American Law was transcribed for use on the Internet
through a contribution from Google.