Page:Dakota Territory Reports.djvu/60

 goods, the defendants cannot be held liable for any damages to such goods, occurring after the goods were so taken from them."

2. "If the jury finds that the goods in question, were rightfully taken from the defendants, aft«r their seizure, by a U. S. Marshal, upon a warrant of attachment, issued by a court of competent jurisdiction, the defendants have a right to offset the value of the goods, when so taken, against the value of the same goods at the time of their seizure."

3. "If the jury find that either of the defendants, in making the seizure of the goods in question, acted under and in pursuance of the immediate and imperative orders of a superior military officer, and that such orders were executed by such inferior officer without malice, oppression, or fraud, or negligence, such defendant is not liable to plaintiffs for any damages resulting from said seizure."

4. "If the jury finds that the seizure of the goods in question, by the defendants, was preliminary to a judicial proceeding in a court of competent jurisdiction, commenced against said goods for the purpose of having them adjudged forfeited to the United States, for acts of the plaintiffs, and that such goods were, after their seizure by the defendants, rightfully seized by a U. S. Marshal upon a warrant issued by a court of competent jurisdiction, in such proceedings, and that such proceedings are still pending, and undetermined, the defendants cannot be held liable for damages resulting from said seizure."

The court charged the jury as follows, to which defendants excepted:

1. "If you, from the evidence, find that the defendants took the goods from the plaintiffs, as charged in the complaint, then I charge you that the plaintiffs are entitled to a verdict in their favor."

2. "If you find that the plaintiffs are entitled to a verdict, then I charge you that the amount the plaintiffs are entitled to receive from the defendants, is the difference between the value of the goods at Jamestown when taken, and the value of the goods at Fargo when returned to them.