Dean v. Clarke
Supreme Court of Louisiana
APPEAL by plaintiff from the District Court of the parish of Jefferson, 'Clarke, J. This suit was brought by the plaintiff to recover from the defendant, who was a notary, money and notes deposited with him as the price of a slave which the plaintiff had purchased at a sale made to effect a partition between certain heirs, upon the ground that he had in vain demanded a title from the notary, the heirs not having signed the act; and further, that the slave had since died of a…
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APPEAL by plaintiff from the District Court of the parish of Jefferson, 'Clarke, J. This suit was brought by the plaintiff to recover from the defendant, who was a notary, money and notes deposited with him as the price of a slave which the plaintiff had purchased at a sale made to effect a partition between certain heirs, upon the ground that he had in vain demanded a title from the notary, the heirs not having signed the act; and further, that the slave had since died of a redhibitory disease. The defendant excepted to the action upon the ground that he was the mere depositary and agent of…
1Opinion of the Court
*106The judgment of the court was pronounced by
Slidell, J.
The judgment for twenty-five dollars upon the reconventional demand, does not fall under our jurisdiction.
The reasons of the district judge for sustaining the exception are satisfactory.
It is therefore decreed, that the judgment of the district court sustaining the exception be affirmed; and that so far as concerns the judgment upon the re-conventional demand, the appeal be dismissed; the plaintiff paying the costs of the appeal.
2Cited by2 opinions
- Burton v. AndersonTexas Supreme Court · 1846
- Succession of HeffnerSupreme Court of Louisiana · 1897