Kennard v. Louisiana Ex Rel. Morgan
Supreme Court of the United States
Error to the Supreme Court of the State of Louisiana. On the Sd of December, 1872, John H. Kennard was, during a recess of the senate of Louisiana, appointed by the governor associate justice of the Supreme Court of Louisiana, in place of W. W. Howe, resigned. On the 4th of January, 1878, the acting governor commissioned P. H. Morgan associate justice of the Supreme Court, in place of W. W. Howe, resigned.
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Error to the Supreme Court of the State of Louisiana. On the Sd of December, 1872, John H. Kennard was, during a recess of the senate of Louisiana, appointed by the governor associate justice of the Supreme Court of Louisiana, in place of W. W. Howe, resigned. On the 4th of January, 1878, the acting governor commissioned P. H. Morgan associate justice of the Supreme Court, in place of W. W. Howe, resigned. Kennard claimed to hold until the expiration of the next regular session of the legislature. To settle the disputed title to the office, suit was brought. The courts of Louisiana,…
1Opinion of the Court
Ms. Chief Justice Waite
delivered the opinion of the court.
The sole question presented for our consideration in this case, as stated by the counsel for the plaintiff in error, is, whether the State of Louisiana, acting under the statute of Jan. 15, 1878, through her judiciary, has deprived Kennard of his office without due process of law. It is substantially admitted by counsel in the argument that such is not the case, if it has been done “ in the due course of legal proceedings, according to those rules and forms which have been established for the protection of private rights.” We accept…
2Cited by79 opinions
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- Maxwell v. DowSupreme Court of the United States · 1900
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