Smith v. Taylor
Supreme Court of Louisiana
Appeal from the District Court of East Feliciana, Johnson, J. Prescription does not apply in this case. Contra non valontem fyc. 5 Mart. 425. 7 lb. N. S. 481. 11 Mart. 06. There was no sufficient offer to return the slave. Code of Practice, arts. 404 to 418. Janin v. Franklin, 4 La. 198. The cases in 18 La. 109, 1 Robinson 167, and 3 lb. 357, are inapplicable. The action was prescribed. Civil Code, art. 2512. 11 Mart. 11. 6lb. N. S. 129. 3 Ib.
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Appeal from the District Court of East Feliciana, Johnson, J. Prescription does not apply in this case. Contra non valontem fyc. 5 Mart. 425. 7 lb. N. S. 481. 11 Mart. 06. There was no sufficient offer to return the slave. Code of Practice, arts. 404 to 418. Janin v. Franklin, 4 La. 198. The cases in 18 La. 109, 1 Robinson 167, and 3 lb. 357, are inapplicable. The action was prescribed. Civil Code, art. 2512. 11 Mart. 11. 6lb. N. S. 129. 3 Ib. N. S. 688. 7 La. 176. And plaintiff’s remedy is against the clerk, through whose fault his action is barred.
1Opinion of the CourtBullard, J.
The plaintiff claims in this action the rescisión of a sale, and the restoration of the price of a slave purchased of the defendants, on the allegation that he was a habitual runaway and a thief. There was a verdict for the plaintiff, and from a judgment pronounced thereon the defendants prosecute this appeal
Upon the merits, the verdict appears to us to have been rendered upon sufficient evidence; but the appellants apply for a reversal of the judgment upon several grounds, which we proceed to notice.
1st. That no offer to restore the slave was shown upon the trial of the cause.
Upon this point…
2Cases cited1 opinion
- Landry v. L'EgliseSupreme Court of Louisiana · 1832
3Cited by15 opinions
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- Saxon v. Fireman's Insurance Co. of Newark, NJLouisiana Court of Appeal · 1969
- Schwartz v. LakeSupreme Court of Louisiana · 1903
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