Bouchard v. Parker
Supreme Court of Louisiana
^PPEAL from the Fifth District Court, parish of Orleans. Oidlom» The suit brought in the Court of Claims and decided on appeal by the Supreme Court of the United States was against the United States, • and was brought on a tort. The present suit is against the representative of Elgee’s estate, and is based upon a contract. The parties are not the same, the cause of action is not the same, the object of the suit is not the same.
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^PPEAL from the Fifth District Court, parish of Orleans. Oidlom» The suit brought in the Court of Claims and decided on appeal by the Supreme Court of the United States was against the United States, • and was brought on a tort. The present suit is against the representative of Elgee’s estate, and is based upon a contract. The parties are not the same, the cause of action is not the same, the object of the suit is not the same. Not one of the elements of res judicata can be found in plaintiff’s demand. The Court of Claims could have no jurisdiction, under the Constitution of the United…
1Opinion of the Court
The opinion of the court was delivered by
Todd, J.
The plaintiff brought suit in the Fifth District Court of the parish of Orleans, claiming the proceeds of 572 bales of cotton. It was alleged in the petition that the cotton originally belonged to the late John K. Elgee,'was sold during the late war by Elgee’s agent to O. S. Lobdell, and by virtue of subsequent assignments the plaintiff became entitled to the proceeds of it. That the cotton was seized by the United States forces in 1864, sold, and its proceeds paid into the treasury. That suits were instituted before the U. S. Court of Claims…
2Cases cited1 opinion
- The Elgee Cotton CasesSupreme Court of the United States · 1875
3Cited by3 opinions
- West v. LehmerSupreme Court of Louisiana · 1905
- Boykins v. BoykinsLouisiana Court of Appeal · 2008
- Taylor v. Woodpecker Corp.Louisiana Court of Appeal · 1990