Baker v. Nelson

CULPEPPER, Judge.

Plaintiff seeks payment for certain repairs which he made to defendant’s large caterpillar tractor. The defense is failure to make the repairs agreed upon and improper workmanship. The district judge awarded plaintiff $3,341.85, plus interest, etc., recognized his lien and privilege and maintained the writ of sequestration. Defendant appealed devolutively.

ON MOTION TO DISMISS APPEAL

The first issue concerns plaintiff’s motion to dismiss defendant’s appeal on the grounds of acquiescence in the judgment by payment. The record shows that at the trial defendant was represented by…