Stanton v. Parker
Supreme Court of Louisiana
In this case, Hoffman, for the appellee, moved the court for an order on the appellant, and his sureties in the appeal bond, to show cause why other security should not be furnished, or, in default thereof, why execution should not be issued from the court below. The rule must be discharged. The court is without jurisdiction.
1Opinion of the CourtSimon, J.
This is an application by the plaintiff and appellee, for a rule on the defendant to show cause why other and solvent sureties on the appeal bond should not be furnished by him, or, in default thereof, why the plaintiff should not be permitted to issue execution in the court a qua.
The appellant denies our jurisdiction to try this rule, and we think he is right in the position.
When this case was brought up, the appeal was either suspen-sive or devolutive. If the appellant had furnished good and solvent security within the time prescribed by law, the appeal was suspensive ; but the right of…
2Cases cited2 opinions
- State v. Judge of the First DistrictSupreme Court of Louisiana · 1841
- State v. BuchananSupreme Court of Louisiana · 1839
3Cited by7 opinions
- Reynolds v. EganSupreme Court of Louisiana · 1908
- Fink v. MartinSupreme Court of Louisiana · 1845
- State ex rel. Gausson v. Judge of the Second District Court of New OrleansSupreme Court of Louisiana · 1869
- Zavaglia v. NotarbartoloSupreme Court of Louisiana · 1915
- Ex parte BarrettSupreme Court of Louisiana · 1849
2 more not listed; retrieve them via the Exa API.