McMicken's Executors v. Perin

THIS was an appeal from the Circuit Court of the United States for the eastern district of Louisiana.

The case was twice before this court, and is reported in 18 Howard, 507, and 20 Howard, 133.

The facts of the present case are stated in the opinion of the court.

It was submitted on printed briefs by Mr. Benjamin for the appellants, and by Mr. Day and Mr. Perin for the appellee.

Mr. Benjamin said:

The appellant has died since taking his appeal, and the executors who represent him in this cause have not deemed themselves authorized to abandon the appeal, but have instructed the undersigned to submit it for the decision of the court.

The undersigned counsel therefore respectfully submits the cause for decision, but, on examination of the record, does not deem it his duty to attempt by argument to show the existence of any error in the decree appealed from, confident that if such exist, it will be corrected by the decision of this court.

The arguments on behalf of the appellee need not be reported.

Mr. Justice NELSON delivered the opinion of the court.