Delahaye v. Pellerin
Supreme Court of Louisiana
The plaintiff had heretofore brought a suit, in the Parish Court, against the defendant, for the recovery of a negro slave, and damages for the detention, andobtained a judgment for the restoration of the slave; nothing being said as to the damager. Theobject of the present suit, was to recover damages, theslave being restored. The Court held that the suit in the Parish Court was a complete bar, being brought for the serve and damages.
Read the full summary
The plaintiff had heretofore brought a suit, in the Parish Court, against the defendant, for the recovery of a negro slave, and damages for the detention, andobtained a judgment for the restoration of the slave; nothing being said as to the damager. Theobject of the present suit, was to recover damages, theslave being restored. The Court held that the suit in the Parish Court was a complete bar, being brought for the serve and damages. That suit being at an end, the judgment was complete, or not. If it was not, the judgmentmhust be completed below. If complete, it must forever be bar.
1Opinion of the CourtMartin, J.
being alone on the bench, took the case to New-Orleans, to be considered by Lewis, J. who concurred in this opinion.
2Cited by4 opinions
- Edenborn v. BlacksherSupreme Court of Louisiana · 1920
- Houston Oil Field Material Co. v. Pioneer Oil & Gas Co.Louisiana Court of Appeal · 1970
- Spencer v. BanisterSupreme Court of Louisiana · 1857
- Saul v. His CreditorsSupreme Court of Louisiana · 1829