Davenport v. Fletcher
Supreme Court of the United States
This case was brought up by writ of error from the Circuit Court of the United States for the Eastern District of Louisiana. It will be necessary to state only the judgment,' and such of the other subsequent proceedings as gave rise to the motion to dismiss, and the judgment of the court thereon.
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This case was brought up by writ of error from the Circuit Court of the United States for the Eastern District of Louisiana. It will be necessary to state only the judgment,' and such of the other subsequent proceedings as gave rise to the motion to dismiss, and the judgment of the court thereon. On the 23d of June, 1848, the Circuit Court pronounced a judgment which is thus recited in the writ of possession, which was issued on the 21st of July, 1848. Whereas' Felicite Fletcher, Maria Antonia Fletcher, Augustine Cuesta, Javiera Cuesta, and Felicite Cuesta y Fletcher, complainants, against…
1Opinion of the CourtJustice McLEAN
A motion has been made for a dismissal of this cause.
1. Because the judgment is not properly described in the •writ of error.
2. Because the bond is given to a person who is not a party to the judgment.,
3. Because the citation issued, is issued to a person- who is not a party.
The.objections are all founded in fact, and upon the authority of Samuel Smyth v. Strader, Perine & Co., 12 How. 327. The case-is dismissed, with leave, however, to- the counsel for the' plaintiffs, to move for its reinstatement, during the present term.
2Cases cited1 opinion
- Smyth v. Strader, Pevine, & Co.Supreme Court of the United States · 1852
3Cited by6 opinions
- Estis v. TrabueSupreme Court of the United States · 1888
- Whitlock v. WillardSupreme Court of Florida · 1881
- Walton v. Marietta Chair Co.Supreme Court of the United States · 1895
- The BylandsCourt of Appeals for the Fifth Circuit · 1916
- Danenberg v. CohenCourt of Appeals for the Seventh Circuit · 1954
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