W. B. Scott & Co. v. Seelye
Supreme Court of Louisiana
A PPEAL from the Civil District Court for the Parish of Orleans. Tissot, J. First. Neither a suspensive or devolutive appeal will prevent prescription from running against the judgment appealed from. Marbury vs. Pace, 30 Ann. 1330. A judgment becomes final from the date of the signature of the judge a quo, and if ten. years are allowed to elapse from the date of such signature, before citation of revival is served on the defendant, it is prescribed.
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A PPEAL from the Civil District Court for the Parish of Orleans. Tissot, J. First. Neither a suspensive or devolutive appeal will prevent prescription from running against the judgment appealed from. Marbury vs. Pace, 30 Ann. 1330. A judgment becomes final from the date of the signature of the judge a quo, and if ten. years are allowed to elapse from the date of such signature, before citation of revival is served on the defendant, it is prescribed. The delay caused by a suspensive appeal will not be counted in favor of the judgment creditor to defeat the plea of prescription. Walker vs.…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
This is a suit to revive a judgment. The plea of ten years’ prescription in bar, having been sustained, the plaintiffs appeal.
The judgment rendered by the lower court was in favor of the defendant, and signed on the 3d of July, 1874.
On appeal, it was reversed on the 24th of December following, and judgment was rendered for $5000, with interest, in favor of plaintiffs.
On the 14th of January, 1885, the present action was brought to revive, and on the next day citation was served.
The district judge sustained the plea of prescription, and…
2Cited by3 opinions
- Crusel v. TierceSupreme Court of Louisiana · 1922
- Carlile v. HuckabyLouisiana Court of Appeal · 1934
- Crusel v. TierceSupreme Court of Louisiana · 1922