Joseph Grégoire Coustaud claims that, on or about the 13th of September 1843, his “peddling” cart, horses, and merchandise were “seized Violently” by Mathurin Boucry, Justice of the Peace of the parish of St. James, and that they are now in the “illegal possession” of the parish sheriff. The cart was seized while being driven by Coustaud's slave, James. The seizure was executed upon an affidavit from the parish attorney, John M. Carrigan, who declared under oath that a peddling cart driven by a slave was in direct contravention of the laws of the state of Louisiana and the police regulations of the parish of St. James. Coustaud challenges the seizure on several grounds, including issues of jurisdiction, either from a civil or criminal perspective, and the absence of legal basis for such an action. Coustaud therefore prays that a “writ of prohibition” be issued, directed to Mathurin Boucry and to the parish sheriff, Eugène Ory, forbidding them to “proceed further in the execution of the proceedings.” He also seeks the return of his cart, horses, and merchandise, the value of which he estimates at $2,000.
Result: Granted.
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Repository: St. James Parish Courthouse, Convent, Louisiana
