PHILLIPS v. PRESTON

Not in source.

46 U.S. 278 (1846)

5 How. 278

12 L.Ed. 152

GEORGE W. PHILLIPS, PLAINTIFF IN ERROR, v. JOHN S. PRESTON, DEFENDANT IN ERROR.

Supreme Court of United States.

December 10, 1846.


Attorney(s) appearing for the Case

The cause was argued by Mr. Barton for the plaintiff in error.


Mr. Justice WOODBURY delivered the opinion of the court.

The points which have been argued in this case are in part connected with matters of form, and in part with what is substance. We shall dispose of the first, before proceeding to examine the last.

The principal objection in respect to form is, that the court below refused to receive what are called in the practice of the State of Louisiana "peremptory exceptions...

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