Legal Opinion

Crone v. Citizens' Bank

Supreme Court of Louisiana

Decided April 15, 1876No. 5179PublishedCited by 3 opinions

APPEAL from the Superior District Court, parish of Orleans. Hawkins, J.

1Opinion of the Court

■Wily, J.

Plaintiff appeals from the judgment dissolving the injunction sued out by him to restrain the executory process obtained by the Citizens’ Bank on his mortgage note.

The ground for injunction was that said note was barred by the prescription of five years. At the trial, defendants proved by two disinterested witnesses and other corroborative evidence that prescription had been interrupted.

The judge did not err in admitting parol evidence to prove that proscription had been interrupted, and the bill of exceptions was not well taken. After proscription has acquired, that is, after a noto…

2Cited by3 opinions

  1. Henry Block Co. v. PapaniaSupreme Court of Louisiana · 1908
  2. Sentell v. WoodsLouisiana Court of Appeal · 1925
  3. Harman v. LegrandeSupreme Court of Louisiana · 1922

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