Prentice v. Chewning
Supreme Court of Louisiana
Appeal from the District Court of Carroll, Curry, J. The plaintiff having recovered a judgment for the amount of certain promissory notes, the defendant appealed. A motion to dismiss the appeal, on the ground of ,a voluntary execution of the judgment, was overruled, at the October term, 1841, (1 Robinson, 71,) the evidence in the record then before the court not sufficing to establish the fact of voluntary execution.
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Appeal from the District Court of Carroll, Curry, J. The plaintiff having recovered a judgment for the amount of certain promissory notes, the defendant appealed. A motion to dismiss the appeal, on the ground of ,a voluntary execution of the judgment, was overruled, at the October term, 1841, (1 Robinson, 71,) the evidence in the record then before the court not sufficing to establish the fact of voluntary execution. The judgment of the lower court was, however, reversed, on account of an illegality in the composition of the jury, and the case remanded for a new trial. By an amended answer,…
1Opinion of the CourtBullard, J.
When this case was before us at a former term, (1 Robinson, 71,)'a motion was made to dismiss the appeal, on the ground that the' defendant and appellant had acquiesced in the judgment. The evidence then before us, did not authorize us to say, that there had been such a voluntary execution of the judgment as to preclude an appeal. The cause was remanded for a new trial, On the return of the cause to the court below, the plaintiff filed an amended petition, in which he set forth, that since the first judgment rendered, the parlies had entered into a compromise of all the matters in litigation…
2Cited by2 opinions
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- Minor v. StoneSupreme Court of Louisiana · 1846