This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1870 edition. Excerpt: ...suit was instituted on the 2d of December, 1831. 116 The counsel for the defendant does not contend that the hire of The Franklin could be estimated or damages giveu Delassus v. United States. 9 P. to any time posterior to the institution of the suit, but he insists that the writ is only intended to bring the ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1870 edition. Excerpt: ...suit was instituted on the 2d of December, 1831. 116 The counsel for the defendant does not contend that the hire of The Franklin could be estimated or damages giveu Delassus v. United States. 9 P. to any time posterior to the institution of the suit, but he insists that the writ is only intended to bring the party into court, and unless spread on the record by pleading, is no part of it. Without entering into this inquiry, it is to be observed in the present case, that the defendant appeared in the circuit court, in December, 1831, and gave a rule to declare. These facts are entered on the record and must be noticed. This court, therefore, cannot fail to perceive that the jury was instructed to give damages to a time long posterior to the institution of the suit. The judgment is reversed and the cause remanded, with directions to award a venire facias de novo. Charles Dehault Delassus, Appellant, v. The United States. 9 P. 117. In Louisiana, down to 1798, while the power to grant lands was vested in the military governor of the province, the commandants of posts were employed to make the original concession and order of survey and to put the applicant in possession. A grant or concession made by that officer who is authorized to make it, is presumed to be conformable to his powers. The regulations of O'Reilly were intended for the government of subordinate officers, not to control the power of the governor. An inchoate title to land is a right of property protected by the treaty for the cession of Louisiana. Lead mines arc not exccpted in the act of May 26, 1824, (4 Stats-at Large, 52, ) as to confirmations of French and Spanish titles. The material facts appear in the opinion of the court. The documents annexed to the petition, and not set out...
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