McMicken v. Perin (61 U.S. 133)

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

It was before this court at a preceding term, and is reported in 18th Howard, 508.

When the mandate of this court went down, the money therein mentioned was tendered to McMicken, who refused to accept it; whereupon, an order was obtained to attach him for contempt, in refusing to make the conveyance required by the decree. Whilst in custody of the marshal, he executed the conveyance, and at the same time took an appeal from the order to attach.

Mr. Taylor moved to dismiss the appeal, which motion was opposed by Mr. Gillet.

Mr. Taylor referred to the cases of Watson v. Thomas, Littell's Select Cases, (6 Lit.,) 248; Carr v. Hoxie, 13 Pet., 462; and Lovelace v. Taylor, 6 Rob. R., 93.

Mr. Justice McLEAN delivered the opinion of the court.