Barrow v. Clack
Supreme Court of Louisiana
A PPEAL from the Thirteenth District Court, Parish of West' L\ _ ,. . _ , 1 JL Feliciana. Brame, J. 1. Defendant can fcalce nothing by his motion because it is too vague.
Read the full summary
A PPEAL from the Thirteenth District Court, Parish of West' L\ _ ,. . _ , 1 JL Feliciana. Brame, J. 1. Defendant can fcalce nothing by his motion because it is too vague. The court can not notice any grounds beyond those clearly and distinctly stated. 1 An. ill; 29 An. 829 ; 36 An. 516; 37 An. 701. Wo can only guess what may being objections to the bond. 2. The judge below must of necessity pass on the solvency and sufficiency of the surety. 17 L. 133; i An. 236; 10 An. 318,185; li An. 61; 29An.597; 81 An. 21, 93; 35 An. 521. This court can not take judiciai cognizance of the parties to the…
1Opinion
*482On Application for Rehearing.
Watkins, J.
Counsel for appellants insist that as it was decided in Pasley vs. McConnell, 39 An. 1097 — only inferentially, however— that a security on the bond of appeal is not disqualified by reason of his being a surety for the costs of suit, therefore a surety who has been adjudged solidarity with a party to the suit to pay the costs is not disqualified from becoming a surety' on the appeal bond of his co-judgment-debtor.
That is a non sequiter; the principle on which the cases controlling our opinion proceeds, being that the surety adjudged to pay costs becomes…
2Cases cited4 opinions
- Brown v. CommonwealthSupreme Court of Pennsylvania · 1833
- Stahl v. JarrettSupreme Court of Pennsylvania · 1830
- Leeds v. YeatmanSupreme Court of Louisiana · 1838
- State v. Judge of the Commercial CourtSupreme Court of Louisiana · 1841