Legal Opinion

Gaines v. Hennen

Supreme Court of the United States

Decided March 14, 1861Published

This was an appeal from the Circuit Court of the United States for the eastern district of Louisiana. The case had been frequently before this court in various aspects; first, in 18 Peters, 404, then in 15 Peters, 9, 2 Howard, 619, 6 -Howard, 552, 15 Howard, 473.. In some of these reports large extracts are made from the record, illustrating the points of law and fact then under consideration, and also the evidence in support of them.

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This was an appeal from the Circuit Court of the United States for the eastern district of Louisiana. The case had been frequently before this court in various aspects; first, in 18 Peters, 404, then in 15 Peters, 9, 2 Howard, 619, 6 -Howard, 552, 15 Howard, 473.. In some of these reports large extracts are made from the record, illustrating the points of law and fact then under consideration, and also the evidence in support of them. All of this past history was brought again to the notice of the court in the argument of - the present ease, which cannot be again recited in the present…

1Opinion of the Court 1

65 U.S. 553 (____)

24 How. 553

MYRA CLARK GAINES, APPELLANT,

v.

DUNCAN N. HENNEN.

Supreme Court of United States.

It was argued by Mr. Cushing and Mr. Perin for the appellant, and Mr. Janin and Mr. Hennen for the appellee.

2Opinion of the Court · WayneJustice Wayne

We will first give some of the facts of this case, that the litigation which has grown out of the wills of Daniel Clark may be correctly understood. Without them it could not be.

They have been the subject of five appeals to this court. This is the sixth. It presents the controversy differently from what it has been before. It also presents points for decision which were not raised…

3Cases cited8 opinions

  1. Hopkins v. LeeSupreme Court of the United States · 1821
  2. Young v. BlackSupreme Court of the United States · 1813
  3. Jackson ex dem. Genet v. WoodNew York Supreme Court · 1829
  4. Smith v. AdamsCourt for the Trial of Impeachments and Correction of Errors · 1840
  5. Dunn v. KenneySupreme Court of Louisiana · 1845

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