Weeks v. Trask
Supreme Court of Louisiana
The defendant had been held to bail on the plaintiff’s affidavit that the account annexed to the petition was just and true, and that no part of it was paid, except as far as the defendant might have an account against him for goods furnished; a motion was now made for his discharge, on account of the insufficiency of the affidavit.
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The defendant had been held to bail on the plaintiff’s affidavit that the account annexed to the petition was just and true, and that no part of it was paid, except as far as the defendant might have an account against him for goods furnished; a motion was now made for his discharge, on account of the insufficiency of the affidavit. There are three acts of the Legislature of this territory, on the subject of bail, and the plaintiff does not appear to have complied with the requisites of any of them. The affidavit was doubtless grounded on the act of 1808, c. 16. The 10th section of it…
1Opinion of the Court
By the Court,
Martin, J.
alone. This action appears to have been brought for work and la-bour done by the plaintiff as overseer of the defendant. The affidavit admits that the defendant supplied the plaintiff with goods, the amount of which was to be deducted out of his wages, and the plaintiff qualifies his affidavit by swearing that the amount of the account is due, except, &c. The claim must therefore be considered as unliquidated, since it is sworn that the whole of it is not due. Certainly, if the whole be not due, the defendant cannot be compelled to give bail for the gross sum, and the…
2Cited by1 opinion
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