UPON two separate motions to dismiss an appeal from the decree of the Circuit Court of the United States for the District of Louisiana; the decree being one transferred there under act of Congress, from the late so-called 'Provisional Court' of that State; both motions being made by Mr. Durant.
The ground of the first motion was because the transcript was incomplete, 'as appeared by the certificate of the clerk of the lower court, as given in the printed transcript, and because it further appeared by the said certificate, that the missing parts of the record could not be found, so that it was useless to issue a certiorari,' and on the whole impossible for this court to hear and decide the case.
The ground of the second motion was, that the Circuit Court of the United States in Louisiana had rendered no decree from which an appeal could be taken; so that this court was without jurisdiction.
This Provisional Court of Louisiana, as mentioned in the preceding case, had been established by proclamation of the President, in October, 1862, when the war of the rebellion had subverted and swept away the courts of the Union, and, by the terms of its constitution, was to last no longer than till the civil authority was restored.
The CHIEF JUSTICE delivered the opinion of the court.
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