Lynch v. Postlethwaite
Supreme Court of Louisiana
This case came again before the court, on a motion to amend the judgment. Qur motion is fb amend the decree so as to give ¡0 the plaintiff the benefit of his contract, and the relief to which he is entitled, according to the Opinion of the court.
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This case came again before the court, on a motion to amend the judgment. Qur motion is fb amend the decree so as to give ¡0 the plaintiff the benefit of his contract, and the relief to which he is entitled, according to the Opinion of the court. By the contract, the defendant and his partners did covenant and agree" to pay the plaintiff 65,000 dollars in manner following, that is to say, 15,000 dollars at the time of the delivery of the boat, IS,500 dollars in three months thefeáfter* 1S,5O0 in six months thereafter, IS,500 dollars in nine months thereafter, and 4S,500 dollár#, the…
1Opinion of the CourtMartin, J.
The plaintiff prays that the judgment of this court, pronounced in this case, at last July term, may be amended. An amendment can only take place on account of some error of the court in rendering the judgment. If the principles of the case have been misunderstood, if the court has mistaken the law, in other words, has erred in forming their judgment, a remedy must be sought in a rehearing, so that the whole case may be re-examined, and the judgment rather changed than amended.
In the present case, the court is not sensible of any thing in the judgment rendered that requires, or is even…
2Cited by2 opinions
- Hume v. Commercial BankTennessee Supreme Court · 1882
- Sainet v. Widow DuchampSupreme Court of Louisiana · 1859