Lang v. Kimball
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This is an action on a draft by the drawer, against the drawee, dated Liverpool, 23d April, 1833, payable three months after date, to the order of the drawer. It was accepted by the defendant.
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APPEAL FROM THE COURT OF THE FIRST JUDICIAL DISTRICT. This is an action on a draft by the drawer, against the drawee, dated Liverpool, 23d April, 1833, payable three months after date, to the order of the drawer. It was accepted by the defendant. The drawer instituted this suit the 22d November, 1838. The defendant pleaded his peremptory exception, founded in law, that the plaintiff’s claim was prescribed. . The court ordered this exception to be transferred to the issue docket, “being an answer to the merits.” A witness was called, who stated that the plaintiff gave him a draft in Liverpool,…
1Opinion of the CourtMartin, J.
This is an action on a bill, or draft. The defendant pleaded prescription only. There was judgment against him for the amount of the draft, and he appealed.
His counsel complains, that the plea of prescription having been overruled, judgment was incorrectly given on the merits, and that he ought to have been permitted to answer.
The court, in our opinion, erred. Prescription is an exception which does not touch the merits of the cause. Code of Practice, 345.
It is, therefore, ordered, adjudged and decreed, that the judgment of the District Court be annulled and reversed, and that this case be…
2Cited by4 opinions
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- Fellman v. Royal Ins.Court of Appeals for the Fifth Circuit · 1911
- Lea v. TerrySupreme Court of Louisiana · 1868