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DUFAU V. COUPREY'S HEIRS, 31 U. S. 170 (1832)

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Dufau v. Couprey's Heirs, 31 U.S. 6 Pet. 170 170 (1832)

Dufau v. Couprey's Heirs

31 U.S. (6 Pet.) 170


Motion to dismiss a writ of error on the ground that one of the matters put in issue in the court below did not appear by the record to have been decided refused as the issue which was found by the jury made the plea upon which no issue appears to have been decided immaterial.

Mr. Livingston, for the plaintiff in error, stated that the record showed that the proceedings in the district court were according to the practice in Louisiana, and not according to the course of the common law. There were two issues and a denial of the debt, and this was tried by a jury, the other on an allegation of a former recovery. The latter was an issue at law, and could not be submitted to a jury, but was for the decision of the court.

But the decision of the jury was given in general terms, and it cannot therefore be ascertained but that they found their verdict on the plea of the former judgment, and not on the issue of fact. On an examination of the record it will appear, that the former judgment did not decide the question between the parties.

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