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Edward P. Fourniquet and Harriet Jane Fourniquet, his Wife, Appellants, v. John Perkins U.S. 160 (1849)

handle is hein.slavery/ussccases0278 and id is 1 raw text is: 160 SUPREME COURT. Fourniquet et al. v. Perkins. judgment§ had been recovered by default in the suits at law in favor of Patton. And to the sdcond', that, according to the de- position, Talbott had no interest whatever in the result of the suit. He held the notes as a naked tfustee, the proceeds of which, when collected, were to be applied to the payment of the debt of Witherspoon and Muirhead, his clients. He had no charge upon the fund, by any agreement or understanding with Patton, or his -clients, -for costs or commissions, as attorney, or otherwise, that would make him an interested witness. There was no foundation, therefore, for the exclusion of his evidence. But it is unnecessary .to pursue this inquiry, as the ground al- ready stated sufficiently disposes of the case. .Decree below reversed, and bill dismissed, with costs. Order.. This cause came on to-,be heard on the transcript of the record from the Circuit Court of the United States for the Dis- trict of Kentucky, and was argued by counsel; on considera- tion whereof, it is now here ordered and decreed by this court, that the decree of the said Circuit Court in this cause be and the same is hereby reversed, with costs, and that this cause be and the same is hereby remanded to the said Circuit Court, with directions to dismiss the bill of complainant, with costs. EDWARD P. FouriNIQUET AND HARRIET JANE FOURNIQUET, HIS WIFE, 'APPELLANTS, V. JOrN PERKINS. The jurisdiction of courts of probate in Louisiana is confined to cases which seek an account and settlement of effects presumed to be held by the representative of a succession. It has not jurisdiction over cases of alleged fraud or waste,lor embez- zlement of the estate. The District Courts are courts of general civil jurisdiction. Hence, where a petition was filed in the Court of Probate against an administrator, praying that he might account and also be held liable for maleadministration and spoliation, it was proper to transfer the case for trial to the District Court. The judgment in the District Court, being generally for the defendant, must be, sup- posed to cover the whole case, and not to have rested upon only a branch of it, viz. a release which was pleaded by the defendant. Therefore, where 4 bill was filed in the Circuit Court by the same petitioners against the same defendant, it was correct for that court to consider the question as res Tadl ata. e Louisiana. decisions upon the jurisdiction of the Probate and District Courts examined. Tins was an -appeal from the Circuit Court of the United. States for the District of Louisiana. In the year 1818, Mary Bynum, the widow of Benjamin By- n'am deceased, was living in the parish of Concordia-, State of Louisiana, with four children, of whom Harriet, the wife of the appellant, was one.

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