Lafrance v. Martin
Supreme Court of Louisiana
from the District Court of the Parish of Placqueminea, Upon the motion to dismiss the appeal: 9 M. 285; 1 N. S. 713; 2 N. S. 388; 5 L. 446; 3 R. 429; 5 R. 127; 6R. 362; 16 L. 466; 17 L. 336. The above decisions of the Supreme Court, affirming the principle that judgments of inferior tribunals, founded on verdicts of juries, should never be brought before the Supreme Court without showing that an attempt had been made to obtain a new trial. 2. Parties not giving an appeal…
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from the District Court of the Parish of Placqueminea, Upon the motion to dismiss the appeal: 9 M. 285; 1 N. S. 713; 2 N. S. 388; 5 L. 446; 3 R. 429; 5 R. 127; 6R. 362; 16 L. 466; 17 L. 336. The above decisions of the Supreme Court, affirming the principle that judgments of inferior tribunals, founded on verdicts of juries, should never be brought before the Supreme Court without showing that an attempt had been made to obtain a new trial. 2. Parties not giving an appeal bond cannot be heard as appellants. 7 A. 589; 9 A. 158. Appeal dismissed when all parties are not mentioned in the appeal…
1Opinion of the CourtLabatjve, J.
The plaintiff’s demand is for $725 with interest, on a note of defendant, dated 12th April, payable in November, 1862. Pending the suit below the defendant died, and the plaintiff had his heirs, four in number, made parties; they appeared, and pleaded as an exception, that plaintiff, on his own showing, could not maintain his action upon the note which had been given in part payment of a negro ; and further, that they were not indebted to the plaintiff as alleged in the petition. On motion of plaintiff, the case was ordered to be tried by a jury. The court ordered that the exception be made a…
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