Milliken v. Barrow
U.S. Circuit Court for the District of Eastern Louisiana
These were two causes heard together as an equity cause, under a stipulation of the parties, the first being an action at law by Richard Milliken against Oordelius J. Barrow to recover a balance of account, and the second a suit in equity by Alexander D. Barrow, syndic of the estate of O. J, Barrow, against said Richard Milliken to enjoin proceedings in the former suit.
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These were two causes heard together as an equity cause, under a stipulation of the parties, the first being an action at law by Richard Milliken against Oordelius J. Barrow to recover a balance of account, and the second a suit in equity by Alexander D. Barrow, syndic of the estate of O. J, Barrow, against said Richard Milliken to enjoin proceedings in the former suit. The material portions of the agreed statement of facts are substantially as follows: It is hereby agreed between the plaintiff and the defendant, through their undersigned counsel, that a jury in this case shall he waived and…
1Opinion of the Court
PARLA AGE, District Judge.
By agreement of parties, the two above-entitled causes have been consolidated, and are to be tried as an equity cause, under the style of “Richard Milliken v. Alexander D. Barrow, Syndic, No. 12,325.” The jury has been waived in writing in the case at law, and the parties have stipulated that the whole matter shall be tried by the judge on the agreed statement of facts. By a notarial act of mortgage, executed on March 14, 1892, O. J. Barrow declared himself to be indebted to Richard Mil-liken in the sum of $15,000, amount of loan which Barrow obtained from Milliken…
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