Ross v. Pargoud
Supreme Court of Louisiana
APPEAL FROM THE COURT OE THE SEVENTH JUDICIAL DISTRICT, THE JUDGE OF THE SEVENTH PRESIDING. moved to dismiss the appeal in this°case — 1. Because the appeal bond not having been given for the amount ordered by the judge 5 6 j j o aquo. There being no statement of facts made out according to law. The order of the judge required the appeal bond to be executed in a sum exceeding by one half, ike amount of the judgment above rendered, returnable, &c.”
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APPEAL FROM THE COURT OE THE SEVENTH JUDICIAL DISTRICT, THE JUDGE OF THE SEVENTH PRESIDING. moved to dismiss the appeal in this°case — 1. Because the appeal bond not having been given for the amount ordered by the judge 5 6 j j o aquo. There being no statement of facts made out according to law. The order of the judge required the appeal bond to be executed in a sum exceeding by one half, ike amount of the judgment above rendered, returnable, &c.” The judgment was for $1075 together with judicial! interest from the 2d of October, 1828, and costs.” The appeal bond taken;was for $1700 only,…
1Opinion of the Court
Martin J.
delivered the opinion of the Court.
The dismissal of the appeal is prayed for, on account of the insufficiency of the bond. The Judge required it for a sum exceeding by one half the amount of the judgment. In making his calculation the appellant does not appear to have noticed that the judgment was for a principal sum and interest. The bond exceeds by one half the principal sum : but not this sum and the interest due at the rendition of the judgment.
There cannot be any doubt that interest given by a judgment, is part of the judgment, and ought to be secured on an appeal as well as the…
2Cited by4 opinions
- Keenan v. WhiteheadSupreme Court of Louisiana · 1860
- State ex rel. Jorda v. Judge of the Fourth District CourtSupreme Court of Louisiana · 1877
- Coleman v. Bureau of Endowment of District Grand Lodge No. 21Louisiana Court of Appeal · 1918
- Paland v. Chicago, St. Louis & New Orleans RailroadSupreme Court of Louisiana · 1890