Fortin v. Randolph
Supreme Court of Louisiana
Appeal from the court of the third district. This case is a kind of judicial anomaly. The appellant, who was plaintiff in the inferior court, obtained there a judgment by default, which default is subsequently confirmed ; yet notwithstanding that the record shews these facts in this case, by an unheardofand unauthorized proceeding, the plaintiff is frustrated of his judgment, and compelled to appeal for its enforcement. But here he is told he cannot appeal.
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Appeal from the court of the third district. This case is a kind of judicial anomaly. The appellant, who was plaintiff in the inferior court, obtained there a judgment by default, which default is subsequently confirmed ; yet notwithstanding that the record shews these facts in this case, by an unheardofand unauthorized proceeding, the plaintiff is frustrated of his judgment, and compelled to appeal for its enforcement. But here he is told he cannot appeal. This assertion he answers with a decision of this court, which shews that an appeal may lie in such a case, since, in a similar one, such…
1Opinion of the CourtPorter, J.
The defendant was sued as indorser on a promissory note, made by one Blunt, in payment of a tract purchased by him, from the plaintiff.
By the facts on record it appears, that a judgment by default was taken against defendant, which was afterwards made final. Before it was signed, application was made to the court to reconsider its former opinion; this was acceded to, and after argument, the judge directed that the judgment already given be set aside, and the cause stand continued. From this order or decision the *275plaintiff has appealed, and alleges, on several . , . . . grounds, that it is…
2Cases cited1 opinion
- Hill v. MartinSupreme Court of Louisiana · 1822
3Cited by1 opinion
- Mark v. BowersSupreme Court of Louisiana · 1825