Shields v. Shiff
Supreme Court of Louisiana
PPEAL from the Civil District, Court for the Parish of Orleans. Tissot, J. 1. The Federal Statute must be interpreted according to common law principles, the common law being a part of the Government itself.
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PPEAL from the Civil District, Court for the Parish of Orleans. Tissot, J. 1. The Federal Statute must be interpreted according to common law principles, the common law being a part of the Government itself. Story on the Constitution, § 157, vol. 1; Journal of Congress, October, 14, 1874, p. 27; McCool vs Smith, 1 Black Rep. 465; Mayo vs. "Wilson, 1U. H. 55; How vs. Beckham, 6 Howard, Practice Rep. 229. 2. Words and expressions having a well known and definite meaning at common law must be given that meaning. Dwarris on Statutes (Gould & Son’s Ed.), p. 186. 3. And words in a statute must be…
1Opinion of the Court
The opinion of tlie Court was delivered by
PochÉj J.
Plaintiffs sue as the sole heirs of blood of the late Eustace Surget, for the recovery of immovable property which he once owned in the city of New Orleans, and which was confiscated under the legislation of Congress, of July 17, 1862, generally known as the “Confiscation Act.”
They allege that under that legislation, the property in contest, which had been adjudicated under the confiscation proceedings to the defendant, Shift, reverted to them as the legal heirs of Surget, who died on the first of February, 1882.
For answer, the defendant…
2Cases cited3 opinions
- Chaffraix v. ShiffSupreme Court of the United States · 1875
- Pike v. WassellSupreme Court of the United States · 1877
- French v. WadeSupreme Court of the United States · 1880
3Cited by2 opinions
- Ross v. MarreroCourt of Appeals for the Fifth Circuit · 1997
- McClelland v. Greenwich InsuranceSupreme Court of Louisiana · 1901