Hosea's Widow & Heirs v. Miles
Supreme Court of Louisiana
APPEAL FROM TIIE COURT OF TIIE FOURTH JUDICIAL DISTRICT, FOR THE PARISH OF POINT COUPEE, TIIE JUDGE THEREOF PRESIDING. This is an action by the widow and heirs of Thomas N. Hosea, deceased, on a promissory note for five hundred dollars, executed by the defendant, and made payable to the order of the deceased, at the office of discount and deposit of the Bank of Louisiana, in St. Francisville, in all the month of March, 1838. The plaintiffs pray judgment for the amount of the…
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APPEAL FROM TIIE COURT OF TIIE FOURTH JUDICIAL DISTRICT, FOR THE PARISH OF POINT COUPEE, TIIE JUDGE THEREOF PRESIDING. This is an action by the widow and heirs of Thomas N. Hosea, deceased, on a promissory note for five hundred dollars, executed by the defendant, and made payable to the order of the deceased, at the office of discount and deposit of the Bank of Louisiana, in St. Francisville, in all the month of March, 1838. The plaintiffs pray judgment for the amount of the note, etc. The defendant excepted to the plaintiffs’ action, and denied jy[rs> jjosea was widow and in community with…
1Opinion of the CourtMartin, J.
The defendant complains of the judgment on the following grounds;
1. The court cumulated the exceptions with the merits, and ordered them to be tried together.
2. A continuance was improperly refused.
3. Parole evidence of heirship was improperly received.
4. It did not establish the heirship.
5. The verdict is illegal, null and void.
6. The judgment is illegal, there being no evidence of the costs of protest.
pult^^'issue sue, is a matter may properly be ‘“he other matters of defence on the merits, the peremptory“ex? on which a oontmu-shouid^be^esial by affi“ Heirship may paroie'evWenc'Z A…
2Cited by2 opinions
- President of the Planters Bank v. WatsonSupreme Court of Louisiana · 1844
- Scheen v. PolandSupreme Court of Louisiana · 1882