Legal Opinion

Pelletier v. State Nat. Bank

Supreme Court of Louisiana

Decided April 25, 1904No. 15,143PublishedCited by 15 opinions

Appeal from Civil District Court, Parish of Orleans; Walter Byers Sommerville, Judge. Action by Janies B. Pelletier against tbe State National Bank. Judgment for plaintiff, and defendant appeals.

1Opinion of the CourtP Royo Sty, J.

Where the appeal is from a money judgment, the Code of Practice requires that for a devolutive appeal the amount of the bond must be fixed by the judge, and that for a suspensive appeal the amount of the bond must exceed by one-half the amount of the judgment appealed from. ■Code Prac. art. 575.

In the instant case no amount was fixed by the judge. Appellant obtained an order for a suspensive appeal alone, and filed a bond, which it aimed to make sufficient for ■a suspensive appeal, but which is lacking $32.91 of exceeding by one-half the amount of the judgment appealed from. The judgment,…

2Cases cited2 opinions

  1. State ex rel. Jorda v. Judge of the Fourth District CourtSupreme Court of Louisiana · 1877
  2. Woodville v. KlasingSupreme Court of Louisiana · 1899

3Cited by15 opinions

  1. Doullut v. RushSupreme Court of Louisiana · 1917
  2. Day v. BaileySupreme Court of Louisiana · 1906
  3. Reynolds v. EganSupreme Court of Louisiana · 1908
  4. Pan-American Bank & Trust Co. v. RansomSupreme Court of Louisiana · 1921
  5. State ex rel. Marrero v. PattersonSupreme Court of Louisiana · 1913

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