Trimble v. Brichta

The plaintiff had judgment against Francis Brichta, the original defendant, in the Sixth District Court of New Orleans.

Brichta took a suspensive appeal from that judgment to this court, and gave the present appellant, Osborne, as surety on his appeal bond.

Pending the appeal, Brichta died. His succession was opened in the Second District Court of New Orleans, and the curator was made a party to the suit pending on appeal in this court. Upon a final hearing, the judgment of the Sixth District Court was affirmed.

The plaintiff then took a rule in the Sixth District Court, on Osborne, surety on…