Mayor of New-Orleans v. Ripley
Supreme Court of Louisiana
Eastern Dis. appeal prom the court op the west district. This cause is now in this court for the second time. When it was first called for trial in the court below, the defendants challenged the jurors on the ground that they were members of the corporation. The court sustained this objection, and the plaintiffs appealed.
Read the full summary
Eastern Dis. appeal prom the court op the west district. This cause is now in this court for the second time. When it was first called for trial in the court below, the defendants challenged the jurors on the ground that they were members of the corporation. The court sustained this objection, and the plaintiffs appealed. The cause was remanded by this court on the ground that the Code of Practice, which excludes such jurors as have a direct or indirect interest in the cause, was amended in this respect by the act of 1825, admitting jurors who are members of a corporation, which is a party to…
1Opinion of the CourtPorter, J.
This action is brought on a promissory note, which was made in this form: “ We promise to pay,” &c.; and it is signed by several persons who were made parties to the suit; Before the cause came on for trial, the counsel for the plain*122tiffs moved to discontinue the cause, as to three of the defendants, J. W. Smith, E. Fiske, and John Brown.
All the co-obli-gors in a bond must be prosecuted to judgment. The court cannot act on the extrajudicial information of its members, in relation to the facts of a cause* The words, “wo promise to pay,’r create-a joint ob* ligation only.
On the trial, the…
2Cited by6 opinions
- Hidalgo v. DupuyLouisiana Court of Appeal · 1960
- Burch v. Hartford Accident & Indemnity Co.Louisiana Court of Appeal · 1964
- Thompson v. ChrétienSupreme Court of Louisiana · 1842
- Watkins v. HaydelSupreme Court of Louisiana · 1931
- State ex rel. Zuntz v. Judge of the Fifth District CourtSupreme Court of Louisiana · 1878
1 more not listed; retrieve them via the Exa API.