Legal Opinion
Mathe v. McCrystal
Supreme Court of Louisiana
Decided January 15, 1856PublishedCited by 8 opinions
APPEAL from the Fifth District Court of New Orleans, Augustin, J.
1Opinion of the CourtSpojtord, J.
(Mekrick, C. J., absent.) This is an appeal from an order of seizure and sale.
The appellee contends that no appeal lies from such an order based upon an authentic act of mortgage, importing a confession of judgment.
The noint is not a novel one, and the practice of allowing appeals in such cases, is now too well settled to be disturbed. Harrod v. Voorhies, 16 L. R., 254; McDonogh v. Fort, 14 L. R., 350, and the cases there cited.
The appellant contends that the plaintiff alleges a novation of the debt by the execution of a new note of which there is no authentic evidence.
We do not find any…
2Cited by8 opinions
- Louisiana National Bank of Baton Rouge v. HeromanLouisiana Court of Appeal · 1973
- Barrow v. CafferySupreme Court of Louisiana · 1926
- Borah & Landen v. O'NiellSupreme Court of Louisiana · 1908
- Nolen v. Davidson's SuccessionLouisiana Court of Appeal · 1939
- Li Rocchi v. KeenLouisiana Court of Appeal · 1961
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