Dufau v. Couprey

ERROR to the district court of the eastern district of Louisiana.

Mr Livingston, for the plaintiff in error, stated that the record showed that the proceedings in the district court were according to the practice in Louisiana, and not according to the course of the common law. There were two issues and a denial of the debt; and this was tried by a jury; the other on an allegation of a former recovery. The latter was an issue at law, and could not be submitted to a jury; but was for the decision of the court.

But the decision of the jury was given in general terms, and it cannot therefore be ascertained but that they found their verdict on the plea of the former judgment, and not on the issue of fact. On an examination of the record, it will appear, that the former judgment did not decide the question between the parties.

Mr Chief Justice MARSHALL delivered the opinion of the Court.