Late v. Armorer

The warrantor, T. J. Frisby, who is appellant from the judgment of the lower court, asks relief upon the assignment of two errors.

The first is, that the court allowed counsel fees to the defendant. This point has been determined in the case of Heirs of Delord Sarpy v. City of New Orleans, 14 An. 311, on which occasion the court said : “ The warrantor is not liable for the fees of the attorney employed by the party evicted. Costs, in the third clause of this Article, (C. C. 2482,) refer to the taxed costs of suit, and not the fees of attorneys.” The judgment in the present case is, therefore,…