Adle v. Metoyer
Supreme Court of Louisiana
APPEAL from the District Court of Natchitoches, Greneaux J. Art. 3014 of the Civil Code declares that where the surety is bound in solido with the debtor, the effects of his engagement are to be regulated by the principles established for debtors in solido. Art. 3032 applies only to ordinary sureties. A question similar to that presented by this case arose in the case of Aston v. Morgan, 2 Mart. 354, and the courtheld that the party was bound as a principal, and in solido.
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APPEAL from the District Court of Natchitoches, Greneaux J. Art. 3014 of the Civil Code declares that where the surety is bound in solido with the debtor, the effects of his engagement are to be regulated by the principles established for debtors in solido. Art. 3032 applies only to ordinary sureties. A question similar to that presented by this case arose in the case of Aston v. Morgan, 2 Mart. 354, and the courtheld that the party was bound as a principal, and in solido. In Dussuau et al. v. Riliaux, 9 Mart. 321, which was a suit against a surety on an appeal bond, the court held that,…
1Opinion of the Court
The judgment of the court was pronounced by
Rost, J.
The first questions to which our attention is called in this case, are presented by a bill of exceptions, taken by the plaintiff’s counsel to the opinion of the court admitting an amended answer to be filed. The grounds upon which it rests are: first, that the amendment changed the issue; secondly, that the plea of payment contained in the original answer, precluded any other-defence.
We think with the judge of the first instance that the issue was not changed, and the arbitrary rule of practice contended for by the plaintiff’s counsel, is not…
2Cases cited3 opinions
- Huie v. BaileySupreme Court of Louisiana · 1840
- Hereford v. ChaseSupreme Court of Louisiana · 1841
- Relf & Zacharie v. M'DonoghSupreme Court of Louisiana · 1841
3Cited by2 opinions
- New Orleans Butchers' Co-Op. Abbatoir, Inc. v. St. Bernard Rendering & Fertilizing Co.Supreme Court of Louisiana · 1926
- Pillsbury Co. v. HuenefeldDistrict Court, W.D. Louisiana · 1981