McCrummen v. Stewart
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE SIXTH DISTRICT, THE JUDGE OF THE SEVENTH PRESIDING. This suit commenced by injunction to stay an execution issued on a judgement obtained by Stewart & Ortley against D. & K. McCrummen, in 1821, for one thousand nine hundred and one dollars with interest. The plaintiff alleges that this judgementhas long since been paid, and the amount received by the then attorney of Messrs. Stewart & Ortley.
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APPEAL FROM THE COURT OF THE SIXTH DISTRICT, THE JUDGE OF THE SEVENTH PRESIDING. This suit commenced by injunction to stay an execution issued on a judgement obtained by Stewart & Ortley against D. & K. McCrummen, in 1821, for one thousand nine hundred and one dollars with interest. The plaintiff alleges that this judgementhas long since been paid, and the amount received by the then attorney of Messrs. Stewart & Ortley. The defendants pleaded a general denial, and prayed judgement, and the dissolution of the injunction, and damages, &c. There was a verdict for the defendants, but allowing…
1Opinion of the CourtPorter, J.
An injunction was obtained by the plaintiff on an allegation, that a judgement which the defendants had recovered against a firm, of which the plaintiff was a partner, had been paid. Issue was joined on this allegation, and two trials took place by a jury in the court below; in the first, the verdict sustained the fact of payment, but the court granted a new trial; and in the second, the jury, by their finding, negatived it. From a judgement rendered in conformity thereto, this appeal was taken.
The first question relates to the admissibility of an agent of the plaintiffs in execution, who was…
2Cited by2 opinions
- Ex Parte GfellerSupreme Court of Missouri · 1903
- Shanghnessy v. FoggSupreme Court of Louisiana · 1860