TaiLexi AI U.S. Case Law

Dufau v. Jean Henry Couprey's Heirs

Charles B. Dufau, Plaintiff in Error v. Jean Henry Couprey’s Heirs, Defendants in Error

Dufau v. Jean Henry Couprey's Heirs, 31 U.S. (6 Pet.) 170 (1831)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of the United States
Decided
February 18, 1831
Judges
Marshall
Citations
31 U.S. 1708 L. Ed. 3596 Pet. 1701832 U.S. LEXIS 465
Headnotes
Motion to dismiss a wiit 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.
Summary
ERROR to the district court of the eastern district of Louisiana.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion — Marshall

Mr Chief Justice Marshall delivered the opinion of the Court.

There were two pleas by the defendant: 1, That the defendant was not indebted to the plaintiff. 2. That the subject matter of the suit was res adjudicata.

The former plea was triable by the jury; the latter by the court., There was a trial by the jury of the issue, and the jury found a verdict for' the defendant. Upon the plea of “res adjudicata” there does not appear to have been any replication or denial, so as to make any issue to the court. There is nothing on the record to *171 show that the question of res adjudicata was even submitted to the jury upon the trial. Their verdict, for aught that appeared on the record, was simply confined to the first and proper issue, triable by the jury. This issue being found for the defendant, the other plea became immaterial to the defendant. The court then cannot infer that it Was ever tried. There is then no error apparent on the record, and the judgment is afiirmed with costs.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1849–1850: 11915–1916: 11941–1942: 118492026peak 1849 · 1

Relies on it most ⓘ

  1. Townsend v. Jemison48 U.S. (7 How.) 706 (1849)
  2. Continental Illinois National Bank & Trust Co. of Chicago v. United States39 F. Supp. 620 (Ct. Cl. 1941)
  3. Northwestern Terra Cotta Co. v. Caldwell234 F. 491 (8th Cir. 1916)

Most recent

  1. Continental Illinois National Bank & Trust Co. of Chicago v. United States39 F. Supp. 620 (Ct. Cl. 1941)
  2. Northwestern Terra Cotta Co. v. Caldwell234 F. 491 (8th Cir. 1916)
  3. Townsend v. Jemison48 U.S. (7 How.) 706 (1849)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

No citations to other opinions in this database were found.

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list