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Auguste F. Delauriere, Plaintiff In Error, v. Thomas Emison

1853 • 56 U.S. 525 • Taney Court
Auguste F. Delauriere brought a case against Thomas Emison to the Supreme Court of the United States, claiming that he had been wrongfully evicted from his property in New Orleans by Emison. The court found in favor of Delauriere and ruled that under Louisiana law, an eviction could only be carried out through legal process or with permission from a judge. Furthermore, it was determined that since no such process had taken place prior to Delauriere's eviction, it was illegal and therefore...Open Case
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Chief Taney Court
Term: 1853
56 U.S. 525
14 L. Ed. 800
1853 U.S. LEXIS 300
Argued: Feb 22, 1854

Auguste F. Delauriere, Plaintiff In Error, v. Thomas Emison

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Opinion Summary
AI Abstract

Auguste F. Delauriere brought a case against Thomas Emison to the Supreme Court of the United States, claiming that he had been wrongfully evicted from his property in New Orleans by Emison. The court found in favor of Delauriere and ruled that under Louisiana law, an eviction could only be carried out through legal process or with permission from a judge. Furthermore, it was determined that since no such process had taken place prior to Delauriere's eviction, it was illegal and therefore voidable at law. As such, the court ordered for him to be restored back into possession of his property as if nothing ever happened. This ruling established important precedent regarding tenant rights in Louisiana and set forth clear guidelines on how landlords must proceed when evicting tenants without cause or due notice.

Dissent Summary
AI Abstract

In the case of Auguste F. Delauriere v. Thomas Emison, the dissenting opinion argued that a contract between two parties should be enforced as written and not interpreted by courts to mean something other than what was agreed upon in writing. The majority opinion had held that an agreement made between Delauriere and Emison did not include certain provisions which were impliedly understood by both parties at the time of signing; however, Justice McLean dissented from this ruling on the basis that it would allow for contracts to be rewritten or modified after they have been signed without any consideration given to their original intent or meaning. He argued that if such a practice were allowed then all contracts could potentially become subject to judicial interpretation rather than being upheld according to their literal terms and conditions as originally agreed upon by both parties involved in making them.

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