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Palmer v. Marston U.S. 10 (1872)

handle is hein.slavery/ussccases0367 and id is 1 raw text is: PALMER V. MARSTON. Statement of the case in the opinion. Under the constitution of 1868 the courts of. this State can. not entertain an action based upon transactions in Confederate treasury notes. We think the evidence discloses that this case is founded upon dealings in unlawfill currency, and the court has often refused to lend its aid to transactions reprobated by law. The constitution of 1868 was not in existence when the case was decided by the District Court. The Supreme Court founded its judgment alike upon the constitutional provision and prior adjudications. Those ad- judications are numerous and conclusive upon the subject.* The constitution only declared a settled pre-existing rule of jurisprudence in that State. The result iii this case would have been necessarily the same if the constitution had not contained the provision in question. This brings the case within the authority of -Bethel v. Demarel.t Upon such a state of ficts this court cannot take jurisdiction under the section of the Judiciary Act upon which the writ of error is founded. CASE DISMISSED. PALMER V. IMARSTON. The principle of the preceding case affirmed in the same sort of example. MOTION by Mr. W. S. Holman (Mr. E. T. Merrick opposing) to dismiss a writ of error to the Supreme Court of the State of Louisiana, taken on the assumption that the case fell within the 25th section of the Judiciary Act, quoted supra, pp. 5, 6. Mr. Justice SWAYNE stated the case, and delivered the opin'-)n of the court. Paimer sued Marston in the District Court of the parish Hunley et al. v. Scott, 19 Lou. Ann. 161; King v. Huston, Ilubbel & Co, lb. 288; McCracken v. Pool, lb. 359; Norton v. Dawson et al.7 Ib. 464 t 10 Wallace, 637, [Slip. Ot

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