Baker v. Frellsen
Supreme Court of Louisiana
APPEAL from the Fifth Judicial District Court, parish of Ouachita. F. P. Stubbs, Special Judge. The parties, by their Compromise, have novated the original debt, and the vendor’s privilege, which secured it, was not transferred to the new debt. Jacobs’ Law Dictionary, vol. 4, p. 279. C. C. 2189 et seq-Pothier, vol. 1, p. 438, No. 546 et seq.
Read the full summary
APPEAL from the Fifth Judicial District Court, parish of Ouachita. F. P. Stubbs, Special Judge. The parties, by their Compromise, have novated the original debt, and the vendor’s privilege, which secured it, was not transferred to the new debt. Jacobs’ Law Dictionary, vol. 4, p. 279. C. C. 2189 et seq-Pothier, vol. 1, p. 438, No. 546 et seq. Domat, 2305. Plaintiff is entitled by law to his homestead. 28 An. 333. First — When it appears that the husband and wife in a former injunction, decided adversely to them, each claimed the homestead, the plea of res adjudicata will be maintained when the…
1Opinion of the Court
On Motion to Dismiss.
Bermudez, C. J.
The plaintiff, Baker, having, in aid of a suit previously instituted, obtained an injunction to arrest a suit against him, furnished the bond required, with John T. Ludeling as surety therein.
Parties plaintiff and defendant being desirous of having the suit determined, agreed that it could be heard and decided, at chambers, after the adjournment of the court and term time.
The document signed to that effect was noted on the minutes. It was not signed by the surety on the bond for the injunction.
In furtherance of the agreement, the case was taken up, decided,…
2Cited by28 opinions
- Laenger v. LaengerSupreme Court of Louisiana · 1915
- Citizens' Bank of Columbia v. Bellamy Lumber Co.Supreme Court of Louisiana · 1916
- Ducros v. St. Bernard Cypress Co.Supreme Court of Louisiana · 1927
- Davis v. WelchSupreme Court of Louisiana · 1911
- Studebaker Bros. Manufacturing v. EndomSupreme Court of Louisiana · 1899
23 more not listed; retrieve them via the Exa API.