Charles Mcmicken, Plaintiff in Error v. Amos Webb - United States Supreme Court

Charles Mcmicken, Plaintiff in Error v. Amos Webb

By United States Supreme Court

  • Release Date: 1848-01-01
  • Genre: Law
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Charles Mcmicken, Plaintiff in Error v. Amos Webb United States Supreme Court Book Review Score: ★★★★★ 5/5 stars

The record in this cause being encumbered with matter deemed wholly irrelevant to the true points in controversy between the parties, much of this matter the court will pass over, embracing within its view such portions of the record only as regularly present those points, and the rulings of the Circuit Court with respect to them. In this view, little else need be presented except the pleadings in the cause, the note on which this action is founded, the fact of a copartnership between the plaintiff in error and James H. Ficklin, and the agreement comprising the terms on which the copartnership was dissolved, these three last-mentioned documents being referred to in the pleadings and appealed to by the parties on both sides of this cause to sustain the positions on which they respectively rely; and, lastly, the instructions prayed by the parties and given by the Circuit Court. This is, according to the peculiar proceedings in the State of Louisiana, an action at law, although, from the mode of proceeding by petition, from the introduction into that petition of various matters dehors the instrument set out as the immediate cause of action, and from the converting in one proceeding parties standing sui juris with those who sustain a representative character, it bears a striking resemblance to a suit in equity.

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