Gaines v. Fuentes
Supreme Court of the United States
Error to the Supreme Court of the State of Louisiana. This is an action in form to annul an alleged will of Daniel Clark, the father of the plaintiff in error, dated on the 13th of July, 1813, and to recall the decree of the court by which it was probated.
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Error to the Supreme Court of the State of Louisiana. This is an action in form to annul an alleged will of Daniel Clark, the father of the plaintiff in error, dated on the 13th of July, 1813, and to recall the decree of the court by which it was probated. It was brought in the Second District Court for the Parish of Orleans, which, under the laws of Louisiana, is invested with jurisdiction over the estates of deceased persons, and of appointments necessary in the course of their administration. The petition sets forth, that on the 18th of January, 1855, the plaintiff in error applied to that…
1Opinion of the CourtJustice Field
In the view we take of the application of the plaintiff in error to remove the cause to the Federal court, no other question than the one raised upon that application is open for our consideration. If the application should have been granted, the subsequent proceedings were without validity ; and no useful purpose would be subserved by an examination of the merits, of the defence, upon the supposition that the State court rightfully retained its original jurisdiction.
The action is in form to annul the alleged will of 1813 of Daniel Clark, and to recall the decree by which it was probated; but…
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