Surgett v. Lapice
Supreme Court of the United States
This was an appeal from the Circuit Court of the United States, for the District of Louisiana. ■ It was a possessory action in the sense of the Code of Practice of that State, originally commenced by Lapice and Whittlesey, in the Ninth District Court of the State of Louisiana, in and for the parish of Concordia, against Surgett, who was a citizen and resident of the State of Mississippi; and at whose request it was removed into the Circuit Court of the United States.
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This was an appeal from the Circuit Court of the United States, for the District of Louisiana. ■ It was a possessory action in the sense of the Code of Practice of that State, originally commenced by Lapice and Whittlesey, in the Ninth District Court of the State of Louisiana, in and for the parish of Concordia, against Surgett, who was a citizen and resident of the State of Mississippi; and at whose request it was removed into the Circuit Court of the United States. On the 21st of November, 1829, Surgett purchased several lots, from number 28 to number 35 inclusive, in township 5, range 9,…
1Opinion of the CourtJustice Catron
1. On the facts appearing in the record, a motion was made to dismiss the suit for want of jurisdiction, because it was brought here by appeal, .wdiich brings before the revising court all the evidence; whereas, had a writ of error been brought, such parts of the evidence only could have been considered as were presented by bills of exception. This motion has been held up for a length of time, and is now considered with the merits, and the inquiry standing in advance of the merits is,, whether the appeal shall be dismissed. The suit was commenced in a State District Court according to a…
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