Legal Opinion

Lewis v. Cocks

Supreme Court of the United States

Decided December 14, 1874No. 86PublishedCited by 112 opinions

Appeal from the Circuit Court for Louisiana. In March, 1863, Anderson, alleging himself to be a creditor to the extent of $8840 of one Cocks, filed a petition in the “Provisional Court of New Orleans” — a court established by proclamation of President Lincoln during the rebellion (while New Orleans was occupied by the troops of the United States), and of which a full account is given in preceding cases* — that Cocks, then absent from the State, and a certain Hyllested, who…

Read the full summary

Appeal from the Circuit Court for Louisiana. In March, 1863, Anderson, alleging himself to be a creditor to the extent of $8840 of one Cocks, filed a petition in the “Provisional Court of New Orleans” — a court established by proclamation of President Lincoln during the rebellion (while New Orleans was occupied by the troops of the United States), and of which a full account is given in preceding cases* — that Cocks, then absent from the State, and a certain Hyllested, who the petition alleged was the proper agent of Cocks in the matter of a proceeding like the one embraced by the petition,…

1Opinion of the CourtJustice S Wayne

The question of the validity of the Provisional Court is notan open one. We have held it valid upon more than one occasion when the question has been before us. *

The fraud charged upon Izard is expressly denied by his answer and is not sustained by the evidence. There is a decided preponderance against it. We are unanimous upon the point. It could serve no useful purpose to examine the proofs in detail in order to vindicate our judgment. Nothing further need be said upon the subject.

The remaining part of the case is that which relates to the allegations of the non-service of process.

In…

2Cases cited1 opinion

  1. Boyce's Executors v. GrundySupreme Court of the United States · 1830

3Cited by112 opinions

  1. Scott v. NeelySupreme Court of the United States · 1891
  2. Pennsylvania v. WilliamsSupreme Court of the United States · 1935
  3. Whitehead v. ShattuckSupreme Court of the United States · 1891
  4. Reynes v. DumontSupreme Court of the United States · 1889
  5. Schoenthal v. Irving Trust Co.Supreme Court of the United States · 1932

107 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API