LeBlanc v. Succession of Massieu

Plaintiff recovered judgment against the succession of Charles Massieu on a promissory note for $10,000. A suspensive appeal was taken, and that judgment was affirmed by this court in 1873. After demanding, in vain, payment of this judgment from the legal representatives of the succession, the plaintiff instituted this proceeding by rule to compel John Palsey, the surety on the appeal bond, to *325pay said judgment. Her demand was rejected in the court below, and she has appealed.

The first objection, that plaintiff can not proceed by rule, but must resort to a regular action, is answered…