United States v. Coxe, 58 U.S. 41 (1854)

U.S. Supreme Court

United States v. Coxe, 58 U.S. 17 How. 41 41 (1854) United States v. Coxe

58 U.S. (17 How.) 41

APPEAL FROM THE DISTRICT COURT OF THE UNITED

STATES FOR THE EASTERN DISTRICT OF LOUISIANA

Syllabus

The principles affirmed in the cases of United States v. King, 7 How. 833, and of United States v. Tamer's Heirs, 11 How. 663, again established.

In June, 1846, Coxe and thirteen others filed a petition in the district court under the acts of Congress passed in 1824 and 1844, the purport of which acts has been so often explained in the preceding volumes of these reports that it is unnecessary now to recapitulate it.

The United States pleaded the general issue, and the cause was tried without the intervention of a jury and judgment rendered in favor of the petitioners on the 30th of May, 1849.

The United States prayed an appeal in open court, which was allowed on the 6th of June, 1849.

Page 58 U. S. 42

MR. CHIEF JUSTICE TANEY delivered the opinion of the Court.

Page 58 U. S. 43

This case cannot be distinguished from the case of United States v. King, 7 How. 833, and of United States v. Turner's Heirs, 11 How. 663.

The decree of the district court must therefore be

Reversed and a mandate issued to the court below to dismiss the petition.

Order

This cause came on to be heard, on the transcript of the record, from the District Court of the United States for the Eastern District of Louisiana; and it appearing to the court that this case cannot be distinguished from the case of United States v. King, 7 How. 833, and of United States v. Turner's Heirs, 11 How. 663, it is thereupon now here ordered, adjudged, and decreed by this Court that the decree of the said district court in this cause be, and the same is hereby, reversed and annulled, and that this cause be, and the same is hereby, remanded to the said district court with directions to dismiss the petition.