Legal Opinion

Gorton v. Gorton's

Supreme Court of Louisiana

Decided October 15, 1838PublishedCited by 2 opinions

Western Dist. APPEAL FROM Till? COURT OR THE SIXTH JUDICIAL DISTRICT FOR THE PARISH OF AVOYELLES, THE JUDGE OR TIIE SEVENTH PRESIDING. This case comes up on an. injunction obtained by the plaintiff, to stay an order of seizure and sale, taken out by the executor of George Gorton, deceased, on certain notes secured by mortgage.

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Western Dist. APPEAL FROM Till? COURT OR THE SIXTH JUDICIAL DISTRICT FOR THE PARISH OF AVOYELLES, THE JUDGE OR TIIE SEVENTH PRESIDING. This case comes up on an. injunction obtained by the plaintiff, to stay an order of seizure and sale, taken out by the executor of George Gorton, deceased, on certain notes secured by mortgage. The plaintiff purchased three slaves at the probate sale of his deceased brother’s estate, for the sum of one thousand nine hundred and fifteen dollars, for which he gave his four several promissory notes forfourhundred and seventy-eight dollars and seventj^-five cents…

1Opinion of the CourtMartin, J.

The dismissal of the appeal is prayed for, on the ground that there is no statement of facts, etc., the clerk having neglected to certify that the testimony was taken down in writing on the trial, at the request of one of the parties, in order to serve as a statement of facts, as provided by the Code of Practice, article 601.

It appears to us the appeal ought not to be dismissed, because the clerk has certified that the record contains a transcript of all the proceedings had, and all the evidence adduced on the trial. Code of Practice, 896.

The defendant having obtained at chambers an order of…

2Cited by2 opinions

  1. Ranson v. LongSupreme Court of Louisiana · 1858
  2. Succession of WatererSupreme Court of Louisiana · 1873

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