DRED SCOTT v. SANDFORD, (1856)
No. 38
Argued: Decided: December 1, 1856 [60 U.S. 393, 396] THIS case was brought up, by writ of error, from the Circuit Court of the United States for the district of Missouri.
It was an action of trespass vi et armis instituted in the Circuit Court by Scott against Sandford.
Prior to the institution of the present suit, an action was brought by Scott for his freedom in the Circuit Court of St. Louis county, (State court,) where there was a verdict and judgment in his favor. On a writ of error to the Supreme Court of the State, the judgment below was reversed, and the case remanded to the Circuit Court, where it was continued to await the decision of the case now in question.
The declaration of Scott contained three counts: one, that Sandford had assaulted the plaintiff; one, that he had assaulted Harriet Scott, his wife; and one, that he had assaulted Eliza Scott and Lizzie Scott, his children.
Sandford appeared, and filed the following plea:
DRED SCOTT
v.
JOHN F. A. SANDFORD.
Plea to the Jurisdiction of the Court.
APRIL TERM, 1854.
And the said John F. A. Sandford, in his own proper person, comes and says that this court ought not to have or take further cognizance of the action …show more content…
393, 399] said Dred Scott, and Eliza and Lizzie, the daughters of the said Dred Scott, were negro slaves, the lawful property of the