DUFAU v. COUPREY'S HEIRS


31 U.S. 170 (____)

6 Pet. 170

CHARLES B. DUFAU, PLAINTIFF IN ERROR v. JEAN HENRY COUPREY'S HEIRS, DEFENDANTS IN ERROR.

Supreme Court of United States.


Attorney(s) appearing for the Case

Mr Livingston, for the plaintiff in error.


Mr Chief Justice MARSHALL delivered the opinion of the Court.

There were two pleas by the defendant: 1. That the defendant was not indebted to the plaintiff. 2 That the subject matter of the suit was res adjudicata. The former plea was triable by the jury; the latter by the court. There was a trial by the jury of the issue, and the jury found a verdict for the defendant. Upon the plea of "res adjudicata" there does not appear to have been any replication or denial...

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