Vredenburgh v. Behan
Supreme Court of Louisiana
^PBEAL from the Sixth District Court, parish of Orleans. Bightor, There is no doubt whatever of plaintiff’s right to appeal from the judgment of the court a qua accepting the sureties tendered by appellant, overruling the motions made to dismiss the appeal, and refusing to issue the executions demanded by the judgment creditor. It was so decided in 19 An. 4; 16 An. 192 4 La.
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^PBEAL from the Sixth District Court, parish of Orleans. Bightor, There is no doubt whatever of plaintiff’s right to appeal from the judgment of the court a qua accepting the sureties tendered by appellant, overruling the motions made to dismiss the appeal, and refusing to issue the executions demanded by the judgment creditor. It was so decided in 19 An. 4; 16 An. 192 4 La. Ill; 8 An. 288 ; 24 An. 329 ; Act No. 24 of 1876. . It is only in cases where the judge a quo dismisses the appeal and orders execution to issue, that the Supreme Court in aid of its appellate jurisdiction, will, by…
1Opinion of the Court
On Motion to Dismiss.
The opinion of the court was delivered by
Manning, C. J.
The plaintiff recovered judgment against the defendants in solido for fifteen thousand dollars.
All the defendants except Pierce moved for a suspensive appeal which was granted, and they gave bond with sureties. The plaintiff took a rule on Pierce to shew cause why execution should not issue against him, and another rule on the other defendants to test the solvency and sufficiency of their sureties.
On the suggestion that Pierce’s name had been omitted from the motion of appeal through a clerical error, he was allowed a…
2Cases cited1 opinion
- Bergen Neck Railway Co. v. Point Breeze Ferry & Improvement Co.Supreme Court of New Jersey · 1894
3Cited by6 opinions
- Southern Development Co. v. GrecoLouisiana Court of Appeal · 1928
- Reynolds v. EganSupreme Court of Louisiana · 1908
- American Brick Co. v. Tulane Inv. Co.Louisiana Court of Appeal · 1929
- Benedict v. PasleySupreme Court of Louisiana · 1909
- Carter v. Hollingsworth Realty Co.Louisiana Court of Appeal · 1928
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