Legal Opinion

Stoker v. Leavenworth

Supreme Court of Louisiana

Decided October 15, 1834PublishedCited by 8 opinions

APPEAL FROM THE COURT OF THE SIXTH JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. This is an action in which the plaintiff seeks to make the defendants liable for the value of a slave, which he charges was killed by their orders, belonging to him, and worth the sum of fifteen hundred dollars. - He alleges that his slave, named Martin, was killed in the parish of Natchitoches, by three soldiers of the United States army, acting as a patrol, and belonging to Cantonment Jessup…

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APPEAL FROM THE COURT OF THE SIXTH JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. This is an action in which the plaintiff seeks to make the defendants liable for the value of a slave, which he charges was killed by their orders, belonging to him, and worth the sum of fifteen hundred dollars. - He alleges that his slave, named Martin, was killed in the parish of Natchitoches, by three soldiers of the United States army, acting as a patrol, and belonging to Cantonment Jessup in said parish, acting under the orders of Gen. Henry Leavenworth and Captain Andrew Lewis, superior officers,…

1Opinion of the CourtMartin, J.

The defendants in this case made several applications, filed several affidavits and surety bonds, and obtained several and separate orders for the removal of the present suit, to the District Court of the United States. The plaintiff took a separate appeal in each, and has filed a separate assignment of errors as follows:

„ Entering aformal appearance cfvU^suitf is unknown to the practice inLiornsiana. Filing a plea, w\T,Pis°tUroniy entl7of aPPear- and in an appliremoval of a cwt'fiHn^thé petition for such removal, is evidence of the de^®u^ant’aaPPeai- where a de[?ndant. ?JJe.ses the plaintiff…

2Cited by8 opinions

  1. Welch v. County Court of Wetzel CountyWest Virginia Supreme Court · 1886
  2. Spring v. SpringSupreme Court of Louisiana · 1946
  3. Henen v. B. & O. R. R.West Virginia Supreme Court · 1881
  4. Franciscus v. SurgetSupreme Court of Louisiana · 1843
  5. Succession of BickhamSupreme Court of Louisiana · 1988

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