Werlein v. New Orleans
Supreme Court of the United States
ERROR TO THE SUPREME COURT OE THE STATE OE LOUISIANA. This action was commenced in March, 1895, by the city of New Orleans in the Civil District Court for the parish of Orleans in the State of Louisiana, for the purpose of recovering from the defendant below, Philip Werlein, a certain lot of land situated in that city and described in the petition and of which he was in possession.
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ERROR TO THE SUPREME COURT OE THE STATE OE LOUISIANA. This action was commenced in March, 1895, by the city of New Orleans in the Civil District Court for the parish of Orleans in the State of Louisiana, for the purpose of recovering from the defendant below, Philip Werlein, a certain lot of land situated in that city and described in the petition and of which he was in possession. The facts .upon which the suit was brought are as follows: In March, 1876, one John Klein, a citizen of the State of Mississippi, commenced an action against the city of New Orleans in the Circuit Court of the.…
1Opinion of the CourtJustice Peokham
The defendant in error has made a motion to dismiss the writ of error on the ground of want of jurisdiction. We think it must be denied. The sole question in the case is in regard to the validity of the exception to the decision of the trial court refusing to admit in evidence the judgment recovered in the United States Circuit Court in the action of the city of New Orleans against Klein.
The defendant herein in his answer specially set up such judgment, and claimed that under and by virtue thereof the city was concluded from maintaining its action; the state court refused to give effect to…
2Cases cited20 opinions
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- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- New Orleans v. Citizens' BankSupreme Court of the United States · 1897
- Barclay v. Richard W. Howell's LesseeSupreme Court of the United States · 1832
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3Cited by78 opinions
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- Moore v. SnowballTexas Supreme Court · 1904
- Guettel v. United StatesCourt of Appeals for the Eighth Circuit · 1938
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