Gonsouland v. Rosomano
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Louisiana. Action by. Henry Gonsouland against Marco Rosomano. Judgment for defendant, and plaintiff brings error. This is an action at law for $5,000 damages, brought by Henry Gonsouland, a citizen of Mississippi, against Marco Rosomano, a citizen of Louisiana.
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In Error to the Circuit Court of the United States for the Eastern District of Louisiana. Action by. Henry Gonsouland against Marco Rosomano. Judgment for defendant, and plaintiff brings error. This is an action at law for $5,000 damages, brought by Henry Gonsouland, a citizen of Mississippi, against Marco Rosomano, a citizen of Louisiana. The following are the material averments of the petition: “That petitioner, as owner, acting in good faith, agreed to sell to the said Marco Rosomano the certain lot of ground, with all the buildings and improvements thereon, situated in the city of New…
1Opinion of the CourtShelby, Circuit Judge
(after stating the facts as above). The exception of no cause of action was addressed to the petition as an entirety. Being sustained, it necessarily led to the dismissal of the suit. The question raised here is whether or not the Circuit Court erred in sustaining the exception. On an exception of no cause of action, the petition is taken as true, and if it states facts which entitle the plaintiff to judgment, if proved to be true, the exception should be overruled and the case tried on its merits. Goldsmith v. Virgin, 122 La. 831, 48 South. 279. When the petition seeks to recover several…
2Cases cited21 opinions
- Stewart v. SonnebornSupreme Court of the United States · 1879
- Crescent City Live Stock Co. v. Batchers' Union Slaughter-House Co.Supreme Court of the United States · 1887
- Mayer v. WalterSupreme Court of Pennsylvania · 1870
- Wheeler v. NesbittSupreme Court of the United States · 1861
- Wood v. GravesMassachusetts Supreme Judicial Court · 1887
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3Cited by13 opinions
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- Hall v. Field Enterprises, Inc.District of Columbia Court of Appeals · 1953
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