Emerson v. Fox
Supreme Court of Louisiana
APPEAL PROM THE COURT OP THE SIXTH DISTRICT, THE JUDSE OP THE PIPTH PRESIDING. The plaintiffs, N. Emerson & Co., instituted suit by-attachment on a note of A. Fox’s for five hundred and fifty-eight dollars, in the parish of Rapides. Fox resides in the state of Alabama, but had property in Louisiana. The attachment was levied on a house and lot in the town of Alexandria, as the property of Fox.
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APPEAL PROM THE COURT OP THE SIXTH DISTRICT, THE JUDSE OP THE PIPTH PRESIDING. The plaintiffs, N. Emerson & Co., instituted suit by-attachment on a note of A. Fox’s for five hundred and fifty-eight dollars, in the parish of Rapides. Fox resides in the state of Alabama, but had property in Louisiana. The attachment was levied on a house and lot in the town of Alexandria, as the property of Fox. Whitall, Jaudon & Co., now intervened and claimed the house and lot as their property, having purchased it of Fox for two thousand dollars. They allege many defects in the form and manner of suing out…
1Opinion of the CourtMartin, J.
The appellee claims the dismissal of the appeal, because the bond is not legal nor sufficient, and not in conformity with the judge’s order.
The judge’s order directs bond to'be given for an amount exceeding the amount of the judgment by one-half, conditioned as the law directs, so as to stay execution; or in the sum of one hundred dollars conditioned to pay costs, if the appeal be not taken to stay execution.
The condition of the appeal bond is that of bonds given with a view to stay execution; but the sum mentioned in it does not quite exceed the amount of the judgment by one-half.
The…
2Cited by11 opinions
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- West v. His CreditorsSupreme Court of Louisiana · 1844
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