Union Bethel African Methodist Episcopal Church v. Civil Sheriff
Supreme Court of Louisiana
APPEAL from the Civil District Court for the parish of Orleans. Bightor, J Pirst — A promissory note may be antedated, and will be valid in point of law, there being no statute to the contrary. Story on Promissory Notes, chap. 1, sec. 48-; Baylayon Bills, chap. 3, Sec. 7; Ghitty on Bills, chap. 5, p. 169 (8th edition). Second — The burden of proof is upon the plaintiff, he must make out his case.
Read the full summary
APPEAL from the Civil District Court for the parish of Orleans. Bightor, J Pirst — A promissory note may be antedated, and will be valid in point of law, there being no statute to the contrary. Story on Promissory Notes, chap. 1, sec. 48-; Baylayon Bills, chap. 3, Sec. 7; Ghitty on Bills, chap. 5, p. 169 (8th edition). Second — The burden of proof is upon the plaintiff, he must make out his case. Third — The sale of property seized under executory process cannot be enjoined on the ground that it does not belong to the defendant, but to others; it is for the latter to resist the process if…
1Opinion of the Court
On Motion to Dismiss.
The opinion of the Court was delivered by
Todd, J.
The motion to dismiss the appeal is on the following grounds, to wit:
1st. That the bond is insufficient in amount for a suspensive appeal.
2d. That there'is no security named in the body of the bond.
First. The appeal is:taken from a judgment dissolving an injunction with one hundred dollars damages.
The appeal bond is for three hundred dollars, and being an amount for one-half over and above the damages awarded by the judgment and costs, is sufficient in amount.
*1462Second. The bond is signed by the principal and under the name of…
2Cited by2 opinions
- Tatum v. Toledo Scale Co.Louisiana Court of Appeal · 1939
- Dares v. O'DonnellLouisiana Court of Appeal · 1933