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LAWRENCE v. MORGAN'S RAILROAD AND STEAMSHIP COMPANY.

decided: May 2, 1887.

LAWRENCE
v.
MORGAN'S RAILROAD AND STEAMSHIP COMPANY.



APPEAL FROM AND IN ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF LOUISIANA.

Author: Waite

[ 121 U.S. Page 634]

 MR. CHIEF JUSTICE WAITE delivered the opinion of the court.

This is an appeal under ยง 5 of the act of March 3, 1875, c. 137, 18 Stat. 470, from an order of the Circuit Court remanding a suit or proceeding which had been removed from a state court. The record shows that a fieri facias has been issued out of the 19th Judicial District Court for the Parish of St. Mary, Louisiana, on a judgment in that court at the suit of Robert Todd, trustee, against Robert B. Lawrence, under which certain lands claimed by Mrs. Frances E. Lawrence, a citizen of New Jersey, had been seized and advertised for sale on the second of June, 1883, by Minos Gordy, the sheriff of

[ 121 U.S. Page 635]

     the county. The judgment had been assigned to Morgan's Louisiana and Texas Railroad and Steamship Company, a Louisiana corporation, and on the 31st of May, 1883, Mrs. Lawrence caused to be prepared what is called in the practice of the courts of Louisiana a "petition of third opposition," to be filed in the 19th Judicial District Court of the Parish of St. Mary, to restrain Todd, the trustee, the railroad company, and the sheriff from selling the property under the seizure, claiming it as her own. This is a proceeding authorized by the Code of Practice of Louisiana, Arts. 395, 396, but it must be had in the court which rendered the judgment in virtue of which the seizure has been effected. Art. 397. The petition was verified by the oath of Mrs. Lawrence, May 31, and in her affidavit she stated "that Hon. T. S. Goode, the judge of the 19th Judicial District in and for the Parish of St. Mary, is absent from said parish." A bond was also executed on the same day, such as the Code of Practice required in case of the allowance of an injunction, and at the foot of the petition, as printed in the record, is the following:

"Considering the allegations and prayer of the foregoing petition, it is ordered that the third opposition of the plaintiff be, and is hereby, allowed to be filed, and that an order and writs of injunction issue, as prayed for, on plaintiff giving bond and security, according to law, in the amount equal to one-half of the claim under which the seizure enjoined was made.

"Granted at Franklin, parish of St. Mary, this 31st day of May, A.D. 1883.

"(Signed)

J. B. VERDIM, Jr., Clerk."

All these papers were filed with the clerk of the 19th Judicial District Court on the 1st of June, and also the following:

"PARISH OF ST. MARY, 1 June, 1883.

"I hereby accept service of the foregoing petition and writ of injunction herein prayed for, and waive service of ...


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