Cocks v. Izard
Supreme Court of the United States
Appeal from the Circuit Court of Louisiana. During the late rebellion, one Anderson, by a proceeding in what was known as “ the Provisional Court of Louisiana” —a court established by proclamation of the President, in October, 1862, when the insurrection which had prevailed in Louisiana, had temporarily subverted and swept away the judicial authorities of the Union, and -which, by the terms of its constitution, was to last only until “ the restoration of the civil authority”…
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Appeal from the Circuit Court of Louisiana. During the late rebellion, one Anderson, by a proceeding in what was known as “ the Provisional Court of Louisiana” —a court established by proclamation of the President, in October, 1862, when the insurrection which had prevailed in Louisiana, had temporarily subverted and swept away the judicial authorities of the Union, and -which, by the terms of its constitution, was to last only until “ the restoration of the civil authority” — brought some sort of suit against one. Cocks. The suit proceeded to execution; and, on execution, the •marshal of the…
1Opinion of the CourtJustice Davis
delivered'the opinion of'the court.'
It was decided by this court, in Slater v. Maxwell, * that where a judicial salé is impeached for fraud, or unfair practices, of officer or purchaser, to the prejudice of the owner, a court, of chancery is the proper tribunal to-afford relief, and this decision only reaffirmed a well-established doctriné of equity jurisprudence. The present case is. within this rule, and the court below manifestly erred in sustaining a demurrer to the bill.
- The complainant puts his case for relief bn two principal grounds'. The necessities of this case do not require us to…
2Cited by22 opinions
- Robb v. VosSupreme Court of the United States · 1894
- Gelfert v. National City Bank of NYSupreme Court of the United States · 1941
- Chapman v. Guaranty State BankTexas Commission of Appeals · 1924
- Camp v. BruceSupreme Court of Virginia · 1898
- Capital Bank v. HuntoonSupreme Court of Kansas · 1886
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