Mauberet v. Mauberet

This is a suit on a promissory note in the sum of $1,583.34, in which no answer or other pleading was filed below by the defendant. A preliminary judgment was entered by default, and on October 21, 1929, was confirmed, and the judgment signed in due course. Within ten days thereafter, defendant appealed suspensively to this court, and plaintiff in answer to the appeal asks that the judgment be affirmed with 10 per cent, additional as damages for frivolous appeal, as authorized hy article 907 of the Code of Practice.

When the case was called for argument in this court, counsel for defendant and…