Bank of Louisiana v. Smith

Simon, J.*

This suit was originally brought against Smith the drawer, and Isabella Fluker the only heir and representative of the endorser of a promissory note, and her husband. Judgment having been first obtained against the drawer, an execution was issued against him, during the pendency of the action against his co-defendants, who subsequently joined issue by first denying all *277the allegations contained in the plaintiff’s petition ; and further averring, that the execution issued against the drawer, having been stayed by order of the plaintiffs, until the first day of April, 1840, without…