Legal Opinion

The Corporation of New-Orleans v. Winter

Supreme Court of the United States

Decided February 28, 1816PublishedCited by 97 opinions

Error from the district court for the district of Louisiana. The defendants ill error commenced their suit in the said court, to recover the possession and property of certain lands in the city of New-Orleans; claiming title as,, the heirs of Elisha Winter’ deceased, under an alleged grant from the Span-goyemlnenh *n 1791; ■ which lands; it was stated, wei’e afterwards reclaimed hy the Baron de Carondelet, governor of the province of Louisiana, for the use of fortifications.

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Error from the district court for the district of Louisiana. The defendants ill error commenced their suit in the said court, to recover the possession and property of certain lands in the city of New-Orleans; claiming title as,, the heirs of Elisha Winter’ deceased, under an alleged grant from the Span-goyemlnenh *n 1791; ■ which lands; it was stated, wei’e afterwards reclaimed hy the Baron de Carondelet, governor of the province of Louisiana, for the use of fortifications. One of the parties, petitioners in the court below, was described in the record as a citizen of the state of Kentucky;…

1Opinion of the Court

Marshall, Ch. J.,

delivered the Opinion of the court, and, after, stating the facts, proceeded as follows:

The proceedings of the court, therefore, isjayrested in limine, by a question.respecting, its jurisdiction, in the case, of Hepburn & Dundas v. Ellzey, this court determined,, on. mature consideration, that a citizen of the district of Columbia could not maintain a. suit in the circuit court of the United Stpteg., That opinion is still retained.

It has been attempted tó distinguish, a Territory from the- district of Columbia ;' but the court is of opinion, that this distinction cannot be…

2Cited by97 opinions

  1. Mansfield, Coldwater & Lake Michigan Railway Co. v. SwanSupreme Court of the United States · 1884
  2. Indianapolis v. Chase Nat. BankSupreme Court of the United States · 1941
  3. Downes v. BidwellSupreme Court of the United States · 1901
  4. City of Indianapolis v. Chase National BankSupreme Court of the United States · 1941
  5. Alabama Great Southern Railway Co. v. ThompsonSupreme Court of the United States · 1906

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