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Pierre Felix Coiron and Marie J. T. Coiron, a Minor, by her next friend, Pierre Felix Coiron, Appellants, v. Laurent Millaudon, Edward Shiff, Syndics, etc., of Alexander Lesseps, et al. U.S. 113 (1857)

handle is hein.slavery/ussccases0197 and id is 1 raw text is: DEOEMBER TERM, 1856. 113 Coir6n el aZ. v. Atllaudon et al.' d dismissed for the want of jurisdiction, on the ground that the amount in controversy in each of the said cases is less than $2,000; and it is also theopinion of this court that the steamer St. Charles was in fault, and that the decree of the said Circuit Court in the cases of E. G. Rogers & Co., and Pooley, Nicoll, & Co., should be reversed, and the cause remanded for an ap- portionment of the loss on thesetw6 appeals. Whereupon, it is now here ordered, adjudged, and decreed, by this court, that the appeals of Brooks & Randolph, and of Hurley & Co., be and the same are hereby dismissed for the want of jurisdiction; and that the decreee of the said Circuit Court in the cases of E. G. Rogers & Co., and: Pooley, Nicoll, & Co., be and the same are hereby reyersed with costs; and that this cause be and the same is herhby remanded to the said Circuit Court for further prodeedings to be had therein in conformity to the .opinion of this court, and as to law and justice shall appertain. PIERRE -FELIX CoiRoN AND MARIE J. T. COIRON, A MINOR, BY HER NEXT FRIEND, PIERRE FELIX CoIRoN, APPELLANT0, V. LAURENT MILLAUDON, EDWARD SHIFF, SYNDICS, &C., OF ALEX- ANDER LEsSEPS, ET AL.' Where a sale of mortgaged property in Louisiana was made under proceedings in insolvency, and the heirs of the insolvent filed a bill to set aside the sale on the ground of irregularity, it was necessary to make the mortgagees parties. They had been paid their share of the purchase money, and had an interest in uphold- ing the sale. The fact that such persons are beyond the jurisdiction of the court is not a suffi- cient reason for omitting to mlke them parties. Neither the act of Congress nor the 47th rule of this court enables the Circuit Court to make a decree in a suit in the absence of a party whose rights must * necessarily be affected -by such decree, and the objection may.be taken at any time upon the hearing or in the appellate court. THis was an appeal from the Circuit Court of the United States for the eastern district of Louisiana, sitting as a cDurt of equity. The facit are sufficiently stated in the opinion of the court. It was'submitted on a printed argument by Mr. H~unt and, -Mr. Ogden for the appellants, and' argued by 2r. Benjamin for the appellees. The point uPo4 which the case was decided wasthus stated by A&r. Benjamin: LI There is an absence of the parties mid 9pensable in -thm -suit. --The complainants seek to .sef aside, a . de. made by-the VOL. xix. 8

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