Smith Thompson

Name: Livingston v. Story — Opinion of the Court
Author: Smith Thompson

Livingston v. Story — Opinion of the Court

Summary

“Livingston v. Story — Opinion of the Court”, is a work by Smith Thompson. It explores elements such as the United States, equity and Louisiana.

Quotes from Livingston v. Story — Opinion of the Court (Smith Thompson)

Smith Thompson, Livingston v. Story — Opinion of the Court

“ There is one remark, which it is deemed proper to make, in regard to proceedings in equity suits in the courts of the United States. The distinction between law and equity exists in the constitution as well as in the organization of the federal courts. It cannot be lawful to confound it. Rights of the highest nature depend upon it. If the case is an equity case, its modes of proof and trial, as well as its decrees, are of one kind; if at law, they are of another. A plaintiff cannot submit the trial of facts in a case at law to the court ”

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Source: Wikisource

Smith Thompson, Livingston v. Story — Opinion of the Court

“ It is a singular question, whether a system of jurisprudence exists in a state where it is not known or understood. Whether, in a community where the civil law prevails, a system of laws shall be introduced which are against their prejudices. ”

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Source: Wikisource

Smith Thompson, Livingston v. Story — Opinion of the Court

“ And if any part of the bill is good, and entitles the complainant, either to relief or discovery, a demurrer to the whole bill cannot be sustained. It is an established and universal rule of pleading in chancery, that a defendant may meet a complainant's bill by several modes of defence. He may dumur, answer and plead to different parts of a bill. So that if a bill for discovery and relief contains proper matter for the one, and not for the other, the defendant should answer the proper, and demur to the improper matter. ”

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Source: Wikisource

Smith Thompson, Livingston v. Story — Opinion of the Court

“ The law, says the court, may, not that it must, adopt the state practice. As the constituting gives a right to relief in equity, the law should be construed so as to enable a party to obtain that relief. In Louisiana, there are no courts of chancery; and, therefore, no rules can be invoked from the Louisiana courts to regulate proceedings in equity cases. ”

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Source: Wikisource

Smith Thompson, Livingston v. Story — Opinion of the Court

“ The argument for the appellant is, on the contrary, that there is no repeal, absolute or sub modo, of the antecedent modes, unless the state law contains a direction in regard to the suits in which those antecedent modes of practice were authorized. If it is silent in regard to suits in equity, then the antecedent practice in equity is not repealed at all. ”

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Source: Wikisource

Smith Thompson, Livingston v. Story — Opinion of the Court

“ And, by the judiciary act of 1789, 2 Laws U.S. 60, it is declared, that the district court in Kentucky shall, besides the jurisdiction given to other district courts, have jurisdiction of all other causes, except of appeals and writs of error, hereinafter made cognizable in a circuit court, and shall proceed therein in the same manner as a circuit court. ”

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Source: Wikisource

Smith Thompson, Livingston v. Story — Opinion of the Court

“ And if the objection rests upon the want of the right in the complainant to call upon the defendant for any discovery at all, the objection is not sustained even by the laws of Louisiana. But on the contrary, it is expressly provided by a law of that state, that when any plaintiff shall wish to obtain a discovery from the defendant, on oath, such plaintiff may insert in his petition, pertinent interrogatories, and may call upon the defendant to answer them on oath ”

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Source: Wikisource

Smith Thompson, Livingston v. Story — Opinion of the Court

“ But if we test this bill by any law of Louisiana which has been shown at the bar, or that has fallen under our observation, the demurrer cannot be sustained. The objection founded on the alleged want of proper parties, because the heir and residuary legatee of John A. Fort is not made a party, is not well founded. The bill states, that in the year 1828, after the death of Fort, the defendant, Benjamin Story, took the whole of the property, by some arrangement with the heirs of Fort ”

Smith Thompson

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