Liles v. New Orleans Canal & Banking Co.
Supreme Court of Louisiana
Appeal from the District Court of the First District, Buchanan, J. The plaintiffs sued to recover a note in the possession of the defendants, or its amount, with damages for its detention. The note was sequestered, and delivered to the plaintiff by the Sheriff, on his executing a bond, with security, to restore it in case it should be decreed to belong to the defendants, and to satisfy such judgment as might be rendered in the suit.
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Appeal from the District Court of the First District, Buchanan, J. The plaintiffs sued to recover a note in the possession of the defendants, or its amount, with damages for its detention. The note was sequestered, and delivered to the plaintiff by the Sheriff, on his executing a bond, with security, to restore it in case it should be decreed to belong to the defendants, and to satisfy such judgment as might be rendered in the suit. Judgment was rendered -by the court, without the intervention of a jury, ordering the note to be delivered to the plaintiff, or, in default thereof, condemning…
1Opinion of the CourtMartin, J.
The defendants and appellants urge as a reason for the reversal of the judgment, an error apparent on the face of the record, to wit; that a judgment by default was confirmed,'and damages given against them by the court, without *274the intervention of a jury. They rely on the 313th article of the Code of Practice, and 18 La. 474. The' plaintiff and appellee admiis that those authorities were conclusive before the late act of Assembly, which requires the party who wishes for a jury, to deposit the sum of twelve dollars. To this the opposite counsel has, in our opinion, victoriously replied, that…
2Cases cited1 opinion
- Olivier v. CannonSupreme Court of Louisiana · 1841
3Cited by4 opinions
- Wells v. FilesSupreme Court of Louisiana · 1914
- Planters' Bank & Trust Co. v. SavantSupreme Court of Louisiana · 1931
- Succession of KaiserSupreme Court of Louisiana · 1896
- Cure v. TobinSupreme Court of Louisiana · 1950