Cragin v. Lovell
Supreme Court of the United States
IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF LOUISIANA. APPEAL FROM THE SAME COURT. These two cases were argued together. Eliza A. Quitman, the defendant in error and appellee, having died since the judgment below, William S. Lovell, her executor, appeared in her stead.
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IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF LOUISIANA. APPEAL FROM THE SAME COURT. These two cases were argued together. Eliza A. Quitman, the defendant in error and appellee, having died since the judgment below, William S. Lovell, her executor, appeared in her stead. In the action at law, she hied a petition against George D. Cragin in the Circuit Court of the United States for the District of Louisiana, alleging that, she was a citizen of New York and he was a citizen of Louisiana; that on the 31st of January, ■1878, she sold a plantation to Orlando P. Fisk, for…
1Opinion of the CourtJustice Gray
After reciting the facts as above stated, he continued:
It is quite clear that the bill in equity was -rightly dismissed, because it; contains no allegation that Oragin- did not know, before the judgment against him in the suit at law, that the plaintiff in that suit alleged that' he was a citizen of Louisiana. If he-did then know it, he should have appeared jmd pleaded in abatement; and equity will not relieve him from the consequence of his own negligence. Jones v. League, 18 How. 76; Crim v. Handley, 94 U. S. 652. The decree in the suit in equity must .therefore be affirmed.
But it is…
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