Davis v. Glenn
Supreme Court of Louisiana
APPEAL from the Fifth District Court of New Orleans, Buchanan, J. argued that the judgment below was .erroneous on various questions of fact, and in condemning the plaintiff to pay the costs of the suit below, the judgment being in his favor for a large poitjon of his claim. “ In every case the costs shall be paid by the party cast.”
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APPEAL from the Fifth District Court of New Orleans, Buchanan, J. argued that the judgment below was .erroneous on various questions of fact, and in condemning the plaintiff to pay the costs of the suit below, the judgment being in his favor for a large poitjon of his claim. “ In every case the costs shall be paid by the party cast.” C. P. 549. In the case of Walsh v. Collins, 11 Mart. 576, Mathews, J., in pronouncing the opinion of the court, says: “ The suit being for the whole tract of land, and the plaintiff having recovered one-half, full costs ought to have been adjudged to him.” It had…
1Opinion of the Court
The judgment of the court was pronounced by.Slidell, J.
This litigation grows out of a building contract. The plaintiff asks to recover back alleged over-payments, and also damages for the alleged defective character of the work, and a forfeiture, at the rate of $50 per month, for each house, pursuant to contract, for delay in their completion. It was alleged :by the petitioner that a portion of his payment had been made by delivering two slaves at the times and rate stipulated in the contract, and he asked the restoration of the slaves, with wages from the dates of their delivery. The…
2Cited by11 opinions
- St. Charles Savings Bank v. DenkeeSupreme Court of Missouri · 1918
- Godchaux v. HydeSupreme Court of Louisiana · 1910
- Southern Construction Co. v. Housing AuthoritySupreme Court of Louisiana · 1967
- J. H. Garrison & Son v. Sherill Hardwood Lumber Co.Supreme Court of Louisiana · 1924
- Haffner & Taylor v. PerloffSupreme Court of Louisiana · 1932
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