Smith Thompson

“ And it was accordingly decided, that the district court of Louisiana was bound to proceed in equity causes, according to the principles, rules and usages which belong to courts of equity, as contradistinguished from courts of common law; that the acts of congress have distinguished between remedies at common law and in equity ”

“ That parties to suits in Louisiana have a right to the benefit of these rules; nor can they be denied, by any rule or order, without causing delays, producing unnecessary and oppressive expenses; and in the greater number of cases, an entire denial of equitable rights. That this court has said, upon more than one occasion, after mature deliberation, that the courts of the United States in Louisiana possess equity powers, under the constitution and laws of the United States. ”

“ It is matter of extreme regret, that it appears to be the settled determination of the district judge, not to suffer chancery practice to prevail in the circuit court in Louisiana, in equity causes; in total disregard of the repeated decisions of this court, and the rules of practice established by the supreme court to be observed in chancery cases. This court, as has been heretofore decided, has not the power to compel that court to proceed according to those established rules ”