Legal Opinion

Desmare v. United States

Supreme Court of the United States

Decided January 18, 1877No. 304PublishedCited by 69 opinions

Appeal from the Court of Claims. On the 26th of June, 1867, Alphonse Desmare, of New Orleans, La., filed his petition in the Court of Claims to recover the value of five hundred and fifty-six bales of cotton, alleging that, in the year 1868, he was the owner of that number of bales, then at Opelousas, in the parish of St. Landry, La.; that, in April, 1863, said cotton was taken and captured by officers of the United States army, by whom, under the orders of General N. P'.…

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Appeal from the Court of Claims. On the 26th of June, 1867, Alphonse Desmare, of New Orleans, La., filed his petition in the Court of Claims to recover the value of five hundred and fifty-six bales of cotton, alleging that, in the year 1868, he was the owner of that number of bales, then at Opelousas, in the parish of St. Landry, La.; that, in April, 1863, said cotton was taken and captured by officers of the United States army, by whom, under the orders of General N. P'. Banks, commanding the Department of the Gulf, it was shipped to New Orleans, sold, and the proceeds placed in the treasury…

1Opinion of the CourtJustice Swayne

The judgment of this court in Mitchell v. United States, 21 Wall. 350, is decisive of this case. It is unnecessary to repeat what was there said. The subject of domicile in some of its aspects was carefully considered. We shall avail ourselves of its rulings without again specially referring to it. The findings of the Court of Claims furnish the facts we are to consider, and we cannot look beyond them. For the purposes of this case they import absolute verity and conclude both parties.

Before the breaking out of the late civil war, the appellant was domiciled in the city of New Orleans. He was…

2Cases cited2 opinions

  1. Mitchell v. United StatesSupreme Court of the United States · 1875
  2. The VeniceSupreme Court of the United States · 1865

3Cited by69 opinions

  1. Anderson v. WattSupreme Court of the United States · 1891
  2. Nick C. Spanos v. Skouras Theatres Corporation, Theatre & Cinema, Inc., Philhamboro, Inc., Youngstown Theatre Corporation and Modern Playhouses, Inc.Court of Appeals for the Second Circuit · 1966
  3. Rummel v. PetersMassachusetts Supreme Judicial Court · 1943
  4. Irene A. Janzen, Administratrix of the Estate of Waldo R. Janzen, Deceased v. Wilber W. Goos and Ivan GottulaCourt of Appeals for the Eighth Circuit · 1962
  5. Hofferman v. SimmonsNew York Court of Appeals · 1943

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