Cook v. State
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE SIXTH DISTRICT, FOR THE PARISH OF NATCHITOCHES, THE JUDGE THEREOF PRESIDING. This case commenced by injunction. The state having recovered a judgment against one Anding on his recognizance or bail bond, to answer an indictment and prosecution for assault and battery with intent to kill. There was a like judgment against the present plaintiff, as surety in said bond, for the sum of five hundred dollars.
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APPEAL FROM THE COURT OF THE SIXTH DISTRICT, FOR THE PARISH OF NATCHITOCHES, THE JUDGE THEREOF PRESIDING. This case commenced by injunction. The state having recovered a judgment against one Anding on his recognizance or bail bond, to answer an indictment and prosecution for assault and battery with intent to kill. There was a like judgment against the present plaintiff, as surety in said bond, for the sum of five hundred dollars. Cook, the plaintiff, applied for and obtained an injunction on several grounds. 1. That no such bond exists as that on which judgment was rendered against him. 2.…
1Opinion of the Court
Marlin J.,
delivered the opinion of the court.
The plaintiff is appellant from a judgment dissolving an injunction, staying the execution of a judgment against him, as bail of Anding on a prosecution for assault and battery. The grounds alleged by the plaintiff, in obtaining the injunction, are that no bond exists, such as that on which said judgment was rendered ; that no notice was given to him of the judgment ni si, which preceded the final one, nor any copy of it served on him ; that if such bond exists, he has a good defence against it; and that said judgment is illegal, and ought to be…
2Cited by1 opinion
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