Bank of Louisiana v. Watson
Supreme Court of Louisiana
APPEAL FROM THE COURT OP THE THIRD JUDICIAL DISTRICT, POR THE .PARISH OP EAST BATON ROUGE, THE JUDGE OP THE DISTRICT PRESIDING. This is an action against the endorser of a promissory note. There were exceptions taken to the authority of the deputy clerk to sign the citation and other process, on the ground that he had never been duly qualified and sworn, and that he did not use the name of his principal, but simply signed his name, as deputy clerk.
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APPEAL FROM THE COURT OP THE THIRD JUDICIAL DISTRICT, POR THE .PARISH OP EAST BATON ROUGE, THE JUDGE OP THE DISTRICT PRESIDING. This is an action against the endorser of a promissory note. There were exceptions taken to the authority of the deputy clerk to sign the citation and other process, on the ground that he had never been duly qualified and sworn, and that he did not use the name of his principal, but simply signed his name, as deputy clerk. The facts are, that he was sworn as a deputy in the Parish Court, but not in the District Court. The principal clerk was clerk of both courts. The…
1Opinion of the CourtMartin, J.
This is an action against the defendant as the endorser of a promissory note. There was judgment of non-suit, and the plaintiffs appealed.
Our attention has been first drawn to the court’s overruling the exception of the defendant to the citation, on the ground that the deputy clerk who signed it, was not sworn in the *41District Court,; and that he did not use the name of his principal.
The article 782, of the Code of Practice, authorizes clerks to appoint deputies, who are to take an oath before the court in which they act j but when the clerk of the District Court is ex officio clerk of the…
2Cited by5 opinions
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