Wagner v. Hall
Supreme Court of Louisiana
APPEAL FROM THE COMMERCIAL COURT OF NEW-ORLEANS. This is an action against the defendant as acceptor of a bill of exchange. He pleaded want of names and surnames of plantiffs, and some other matters which were overruled. In answer to the merits, the defendant pleaded the general issue.
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APPEAL FROM THE COMMERCIAL COURT OF NEW-ORLEANS. This is an action against the defendant as acceptor of a bill of exchange. He pleaded want of names and surnames of plantiffs, and some other matters which were overruled. In answer to the merits, the defendant pleaded the general issue. On the trial, a bill of exception was taken by the defendant’s counsel to the admission of the protest in evidence, for want of the attestation of two witnesses in addition to the signature of the notary. The protest was admitted, and judgment given for the plaintiffs, from which the defendant appealed.
1Opinion of the CourtMorphy, J.
This case has been submitted on a bill of exceptions, which presents the only point made by the appellant: he objected below to the introduction of a protest offered in evidence by plaintiffs, on the ground that it appeared on its face to be neither the original nor the copy of an act, not being signed by two witnesses, nor certified by the notary to be a copy. The counsel has not referred us to, nor are we acquainted with any law requiring a notary to be attended by witnesses when he makes a demand or protest, or rendering the signatures of witnesses to such an instrument necessary. The…
2Cited by1 opinion
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