Legal Opinion

Donovan v. Owen

Supreme Court of Louisiana

Decided June 15, 1855PublishedCited by 5 opinions

PPEAL from the Eourth District Court of New Orleans, Reynolds, J. If parties agree to leave a case to be decided to persons whose report shall be the judgment of the court, no formalities nor oath required ; Taloott v. Ma-Ribben, 2 Martin, R. 804. Though that case was decided under the old code, yet its provisions were the same as in the new code ; see old Code, page 442, Articles 12 and 13, -which required oath from amicable compounders.

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PPEAL from the Eourth District Court of New Orleans, Reynolds, J. If parties agree to leave a case to be decided to persons whose report shall be the judgment of the court, no formalities nor oath required ; Taloott v. Ma-Ribben, 2 Martin, R. 804. Though that case was decided under the old code, yet its provisions were the same as in the new code ; see old Code, page 442, Articles 12 and 13, -which required oath from amicable compounders. Where referees are chosen by the parties without any rule of court, the court will not attend to any application to set aside the award; 1st Johns. Rep.,…

1Opinion of the CourtOgden, J.

The defendants are appellants from a judgment of the lower court dismissing a rule taken by them, and rejecting the report of amicable compoun-ders selected by the parties to decide the matter in dispute between them, and also from an order of the lower court granting leave to the plaintiff to discontinue his suit.

The Plaintiff took outan attachment in a suit against the defendants for services rendered to them as their agents in selling and delivering coals, and making disbursements and advances for them.

The only defence set up in the answer of the defendants was the plea of the general…

2Cited by5 opinions

  1. Brandon v. HinesDistrict of Columbia Court of Appeals · 1981
  2. E. v. Benjamin Co. v. Royal Mfg. Co.Supreme Court of Louisiana · 1931
  3. Wright v. District Grand Lodge No. 21, Grand United Order of Odd Fellows of LouisianaLouisiana Court of Appeal · 1933
  4. Brandon v. HinesDistrict of Columbia Court of Appeals · 1981
  5. Canulette Shipbuilding Co. v. MondayLouisiana Court of Appeal · 1927

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