Louisiana Navigation Company v. Oyster Commission of Louisiana
| Decision Date | 02 December 1912 |
| Docket Number | No. 40,40 |
| Citation | 33 S.Ct. 78,57 L.Ed. 138,226 U.S. 99 |
| Parties | LOUISIANA NAVIGATION COMPANY, Limited, Plff. in Err., v. OYSTER COMMISSION OF LOUISIANA et al |
| Court | U.S. Supreme Court |
Messrs. Thomas Gilmore, Edward N. Pugh, and J. C. Gilmore for plaintiff in error.
The court declined to hear Mr. Ruffin G. Pleasant, Attorney General of Louisiana, for Conservation Commission, and Mr. John Dymond, Jr., for E. C. Joullian Canning Company and Dunbars, Lopez, & Dukate Company.
Mr. Walter Guion, former Attorney General of Louisiana, and Mr. John C. Wickliffe for the Oyster Commission of Louisiana.
The supreme court of Louisiana in this case reviewed the judgment of a trial court which dismissed the petition of the plaintiff because it stated no cause of action. The plaintiff in error here was plaintiff in the trial court and appellant in the court below. The suit was based on an alleged right to recover damages for slander of the title of plaintiff to described lands. Under the law of Louisiana, for the purpose of passing upon the exception of no cause of action, the case in substance became one petitory in its character,—that is, one to try title to land. Treating the action as of that nature, the court below elaborately reviewed the averments of the petition, and expressed the opinion that in some respects a cause of action was stated,—that is, that there was allegation of title as to some of the land, and that there was no title alleged to other of the land involved. The court concluded as follows:
'We think, therefore, that plaintiff should be again afforded an opportunity to amend its petition . . . by setting forth specifically the particular places or portions of its property upon which the alleged trespass has been committed, together with the time and manner of the trespass.'
The judgment was as follows:
'It is therefore ordered, adjudged, and decreed that the judgment appealed from be set aside, and that this case be remanded to the district court, to be there proceeded with in accordance with the views expressed in this opinion . . . ' [125 La. 755, 756, 51 So. 706.]
Upon the theory that Federal questions were involved within the cognizance of this court, this writ of error to the judgment thus rendered was sued out. But as the judgment of the court below on its face is not a final one, it follows that a motion to dismiss must prevail. Haseltine v. Central Nat. Bank, 183 U. S. 130, 46 L. ed. 117, 22 Sup. Ct. Rep. 49; Schlosser v. Hemphill, 198 U. S. 173, 49 L. ed. 1001, 25 Sup. Ct. Rep. 654; Missouri & K. I. R. Co. v. Olathe, 222 U. S. 185, 56 L. ed. 155, 32 Sup. Ct. Rep. 46.
The contention, however, is that the judgment below is final for the purpose of review by this court, because, when the opinion of the supreme court of Louisiana is carefully weighed, it will be found that that court practically finally disposed adversely...
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