Phillips v. Preston
Supreme Court of the United States
This case was brought up, by writ of error, from the Circuit Court of the United States for the Eastern District of Louisiana. It was a claim advanced by Preston, the first indorser upon certain promissory notes, that Phillips, the second indorser, should pay one half thereof, by virtue of a special agreement between them. The facts in the case were these.
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This case was brought up, by writ of error, from the Circuit Court of the United States for the Eastern District of Louisiana. It was a claim advanced by Preston, the first indorser upon certain promissory notes, that Phillips, the second indorser, should pay one half thereof, by virtue of a special agreement between them. The facts in the case were these. On the 15th of March, 1836, Sosthain Allain sold to Robert R. Barrow sundry pieces of property in Louisiana, for the- sum of $ 110,700, payable as follows, viz. : — 1837, March 1, . $ 16,921 27 1838, March 1, . . . . 18,028 26 1839, March…
1Opinion of the CourtJustice Woodbury
the court.
- The points - which have been argued in this -case are in part connected with matters of form, and in part with what is substance. We shall dispose of the first, before proceeding to examine the last.-
The principal objection in respect to form is, that the court be-lo.w refused to receive what are called in the practice of the State of Louisiana “. peremptory exceptions.” These are of two kinds, one as to form; and one as to law. Those in this cáse were.offered as ££ peremptory exceptions, founded in law.” By the Code of Practice in Louisiana, art. 345, such exceptions ££ may■ be…
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