Legal Opinion

Ulman & Co. v. Briggs, Payne & Co.

Supreme Court of Louisiana

Decided May 15, 1880No. 7536Published

On Motion to Dismiss. PPEAL from the Sixth District Court, parish of Orleans. Bightor, The judgment was signed on May 25th, 1878, and the Citations of appeal are dated respectively the ,28th October and 15th December,, 1879. Appellants could have had the Citation issued, and the-Appellee served within the year.

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On Motion to Dismiss. PPEAL from the Sixth District Court, parish of Orleans. Bightor, The judgment was signed on May 25th, 1878, and the Citations of appeal are dated respectively the ,28th October and 15th December,, 1879. Appellants could have had the Citation issued, and the-Appellee served within the year. The want of Citation is distinctly imputable to them. 21 An. 618 ; 8 La. 220 ; 8 Martin, N. S. 673 ; 23. An. 207 ; 21 An. 271. The Petition of Appeal and bond were filed within the year. It is sufficient. The Citation may be served afterward. 30 An. 181; 10 La* 149. The Citation was…

1Opinion

Osr the Merits.

C. C. art. 2845, 2846, 2839, 2841, 2843 ; 1 An. 121; 1 An. 138 ; 5 AIL Mass.. 91; 4 Rob. 300 ; 1st Story’s Rep. 373 ; 5 Rob. 172 ; 7 An. 471; 14 St- and R. 434 ; 3 Conn. 534 ; 10 Barr. 47 ; 5 Hill (N. Y.) 30; 6 Hill (EL'S.) 479 ; S. C. 3 Denio, 435 : Cooley, Part. 100-104, and others. John A. Campbell and Bayne & Renshaw for Defendant, Appellee r Defendant Lewis, after the formation of his partnership in commendam,. could only become liable as a general partner by two acts of indisv-cretion or negligence : First — A failure to record the articles of partnership in the manner…

2Cases cited9 opinions

  1. Vanderburgh v. Hull & BowneNew York Supreme Court · 1838
  2. Argall v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1846
  3. Pearce v. WatkinsCourt of Appeals of Maryland · 1888
  4. Lachomette v. ThomasSupreme Court of Louisiana · 1843
  5. Beecher v. AllenNew York Supreme Court · 1849

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