Samory v. Montgomery
Supreme Court of Louisiana
A PPEAL from tlie Third District Court of New Orleans, Sandlin, J. —Samuel M. Montgomery appeals from a judgment rendered against him on the 8th December, 1863. His petition for an appeal was filed on the 15th July, 1865—more than nineteen months after the judgment was rendered and signed.
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A PPEAL from tlie Third District Court of New Orleans, Sandlin, J. —Samuel M. Montgomery appeals from a judgment rendered against him on the 8th December, 1863. His petition for an appeal was filed on the 15th July, 1865—more than nineteen months after the judgment was rendered and signed. He alleges that he is a resident of New Orleans; that the judgment was obtained during his temporary absence from the State, and that by law he had a right to take a devolutive appeal from said judgment at any time within two years from the day of rendition. The right of appeal is essential to the correct…
1Opinion of the CourtTaliaeebro, J.
In November, 1863, the plaintiff filed this suit against the defendant, alleging a large amount of indebtedness by him to the plaintiff, as owner and holder of five promissory notes, secured by mortgage on a house and lot in the city of New Orleans. The plaintiff had judgment in his favor for the amount claimed, with recognition of the lien and privilege on the mortgage property described in the petition, and copies of the mortgages adduced in evidence. Judgment was rendered on the 8th of December, 1863. On the 15th July, 1865, the defendant obtained an order of appeal. He urges as…
2Cases cited1 opinion
- Beaumont v. CovingtonSupreme Court of Louisiana · 1843