eBook details
- Title: Francis Surgett, Apellant v. Peter M. Lapice and Edward Whittlesey
- Author : United States Supreme Court
- Release Date : January 01, 1850
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 90 KB
Description
Now it is not incumbent on us, who appeal from these proceedings, to show that they are perfectly regular chancery proceedings in all their parts. On the contrary, we contend that they are not so, and that, on the principles adopted by this court in Livingston v. Story, 9 Pet., 632, the decree should be reversed. All that it is incumbent on us to show is, that, whatever these proceedings may be denominated in the Louisiana state practice, and however generally they may be used, they partake sufficiently of the character of chancery proceedings to render an appeal rather than a writ of error proper, the subject-matter being one of equity jurisdiction. 2. As to the merits.