Stevenson v. Williams
Supreme Court of the United States
Error to the Supreme Court of Louisiana. Alfred Williams, of Louisiana, a person with no property, married in 1842 Catharine Stewart, the possessor of a large estate there. Three children were the fruit of the marriage. The wife died in 1854; the husband in 1863. During Mrs. Williams’s life her husband managed her property.
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Error to the Supreme Court of Louisiana. Alfred Williams, of Louisiana, a person with no property, married in 1842 Catharine Stewart, the possessor of a large estate there. Three children were the fruit of the marriage. The wife died in 1854; the husband in 1863. During Mrs. Williams’s life her husband managed her property. There was no marriage settlement; and the community of acquests and gains which existed among them under the Louisiana Code, though terminating with the wife’s death, was never settled by the husband. By the death of his wife, Williams became, by operation of the Code, the…
1Opinion of the CourtJustice Field
The application of the appellant for the removal of the suit from the Supreme Court of Louisiana to the Circuit Court of the United States was made too late, and was properly refused on that ground. The act of Congress of March 2d, 1867, † under which the removal was asked, only authorizes a removal where an application is made “ before the final hearing or trial of the suit,” and this clearly means before final judgment in the court of original jurisdiction, where the suit is brought. Whether it does not mean still more — before the hearing or trial of the suit has commenced which is…
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