Erwin v. Commercial & Railroad Bank of Vicksburg
Supreme Court of Louisiana
Appeal from the District Court of Madison, Curry, J. This was an action on certificates of deposit, of the Commercial and Railroad Bank of Vicksburg, payable after date at a period fixed., and bearing interest, at five per cent a year till due. The plain.tiff claimed interest at the rate of 12| per cent a year, from the date of the demand made on the defendants, according to the laws of the state of Mississippi, where the deposit was made and the Rank situated.
1Opinion of the CourtBullard, J.
The appellee has moved to dismiss the appeal in this case on the ground that it is not taken by the defendants, but by the garnishee alone ; the petition of appeal not having been signed either by the defendants, their attorney in fact, or advocate.
It ’appears that the petition was in the name both of the defendants and the garnishee, but was signed only by the counsel for the garnishee. The Judge regarded it as the petition of both, and granted the appeal upon the appellants’ giving bond, and the bond was given both by the Bank and the garnishee. The omission of the signature of the counsel…
2Cases cited1 opinion
- Allen v. ArnouilSupreme Court of Louisiana · 1841