Legal Opinion

Landry v. Baugnon

Supreme Court of Louisiana

Decided January 15, 1841PublishedCited by 6 opinions

Appeal from the court of the fourth .district for the parish of Iberville, the judge thereof presiding. This is au action to recover the sum of three hundred dollars and the interest thereon; the balance of the price of a tract of land, which the [88] plaintiff shows he sold to the defendant in 1835, for the sum of twenty-five hundred dollars. He prays judgment for the amount of his debt and interest.

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Appeal from the court of the fourth .district for the parish of Iberville, the judge thereof presiding. This is au action to recover the sum of three hundred dollars and the interest thereon; the balance of the price of a tract of land, which the [88] plaintiff shows he sold to the defendant in 1835, for the sum of twenty-five hundred dollars. He prays judgment for the amount of his debt and interest. This suit was instituted the 14th September, 1840, and on the 5th October following judgment by default was made final on the minutes of the court. On the 8th the defendant appeared by counsel…

1Opinion of the CourtSimon, J.

Defendant is appellant from a judgment by default rendered and made final against him. Before taking his appeal, he made a motion for a new trial, which was overruled by the lower court; and as the record comes up without any statement of facts and without the proper certificate of the clerk that it contains all the evidence adduced in the case, the only question submitted to our consideration, is whether the judge erred in overruling the motion for a new trial.

The affidavit of the defendant in support of his motion, is in these words: “ that it is true as alleged in the above statement of…

2Cases cited3 opinions

  1. Newport v. CooperSupreme Court of Louisiana · 1836
  2. Janes v. RichardSupreme Court of Louisiana · 1832
  3. Ingram v. CroftSupreme Court of Louisiana · 1834

3Cited by6 opinions

  1. Bank of Lafayette v. BaileyLouisiana Court of Appeal · 1988
  2. Glazer Steel Corp. v. Larose Shipyard, Inc.Louisiana Court of Appeal · 1979
  3. Lawrence v. BowmanSupreme Court of Louisiana · 1843
  4. Hyatt v. Hartford Accident & Indemnity Co.Louisiana Court of Appeal · 1966
  5. Bay Shoe Co. v. NacolLouisiana Court of Appeal · 1928

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