Pemberton v. Zacharie
Supreme Court of Louisiana
Eastern Dis. APPEAL PROM THE COURT OP THE FIRST DISTRICT. This case comes before the court on a second appeal. On the first it was remanded on the ground that the order of appeal had been prematurely granted, the dismissal of the exceptions, from which the appeal had been taken, working no irreparable injury to the defendants.
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Eastern Dis. APPEAL PROM THE COURT OP THE FIRST DISTRICT. This case comes before the court on a second appeal. On the first it was remanded on the ground that the order of appeal had been prematurely granted, the dismissal of the exceptions, from which the appeal had been taken, working no irreparable injury to the defendants. Vide ante, 22. On the second day after the first order of appeal was granted, the court below rendered a judgment approving the security offered by the plaintiff, and from this, and a judgment previously rendered on the merits, the defendants appealed. 1. The judgment…
1Opinion of the Court
The opinion of the court, in this case, was delivered by
Pouter, J.
These cases were consolidated in the inferior court. The judgment on the merits required the plaintiff to give security, and the security offered being objected to, a judgment of the court approving it, was also rendered. This appeal is from both decrees.
The error alleged in the judgment on the merits is, that the defendants were condemned to pay interest from the time the notes became due, although during that time they were in danger of eviction. The contract under which this contest has arisen, was entered into while the…
2Cited by2 opinions
- State v. Judge of the First DistrictSupreme Court of Louisiana · 1841
- State ex rel. Parish Board School Directors v. City of MonroeSupreme Court of Louisiana · 1913