Harris v. Brown
Supreme Court of Louisiana
Eastern dist. APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. The plaintiff arrested one Jerry Brown in an action on an account, the 8th February, 1836, and he gave bail. On the 20th February, the bail surrendered Brown and had his bail bond cancelled. The sheriff took Alfred Walley as bail in the second bond, who executed it accordingly. On the 25th March, 1836, the plaintiff had judgment for the amount of his claim against Brown.
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Eastern dist. APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. The plaintiff arrested one Jerry Brown in an action on an account, the 8th February, 1836, and he gave bail. On the 20th February, the bail surrendered Brown and had his bail bond cancelled. The sheriff took Alfred Walley as bail in the second bond, who executed it accordingly. On the 25th March, 1836, the plaintiff had judgment for the amount of his claim against Brown. A writ of fieri facias issued, and was returned, no property found, the first Monday of June, 1836, and a ca. sa. was returned, stating the defendant was not…
1Opinion of the CourtBullard, J.
This case is before us upon an assignment of errors. Two errors are assigned by the appellant as apparent on the face of the record.
I. That previously to the date of the bail bond signed by him as surety, a bail bond had been taken with security for the full amount, which had not been legally cancelled at the time the rule was taken on the appellant.
This appears to us to be a matter of fact, which may have been explained by evidence on the trial, and consequently, not assignaMe as error; nor is the objection well founded, in our opinion, that the first bond had not been legally can,t , . , .…
2Cited by3 opinions
- Albritton v. ShawSupreme Court of Louisiana · 1920
- Kittridge v. BreaudSupreme Court of Louisiana · 1843
- Borzone v. BurkeLouisiana Court of Appeal · 1884