Gaines v. Relf
Supreme Court of the United States
Mr. Chief Justice' Taney and Mr. Justice McLean did not sit in this cause. Thjs was an appeal from the Circuit Court of the United States for the Eastern District of Louisiana. The bill was originally filed in the Circuit Court by William W. Whitney and Myra Clark Whitney (now Myra Clark Gaines) in 1836. From 1834 to 1836 • they had been proceeding in the probate court of Louisiana, until in 1836 their petition was dismissed.
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Mr. Chief Justice' Taney and Mr. Justice McLean did not sit in this cause. Thjs was an appeal from the Circuit Court of the United States for the Eastern District of Louisiana. The bill was originally filed in the Circuit Court by William W. Whitney and Myra Clark Whitney (now Myra Clark Gaines) in 1836. From 1834 to 1836 • they had been proceeding in the probate court of Louisiana, until in 1836 their petition was dismissed. They then filed a bill in the Circuit Court of- the United States. At January term, 1839, a motion was made in this court for a mandamus to compel the Circuit Court to…
1DissentJustice Wayne
delivered the following dissenting opinion.
I dissent from the judgment just given, and will give my reasons for doing so as briefly as I can. But it will necessarily occupy some time.
I believe that the case of the complainant has been proved beyond a reasonable doubt, as the law requires it to be done; I say. as the law requires it to be done, without meaning, to imply any doubt of the fact, but that the fact has been proved according to those rules which experience' has shown to be necessary and sufficient, to guard conjugal and other-domestic relations from capricious and unregulated…
2Cases cited3 opinions
- People v. MatherNew York Supreme Court · 1830
- Forsythe v. NorcrossSupreme Court of Pennsylvania · 1836
- Walter v. BollmanSupreme Court of Pennsylvania · 1839