Elkin's Heirs v. Berry
Supreme Court of Louisiana
APPEAL EE0M THE OOUET OF PROBATES FOR THE PARISH AND CITY OF NEW-ORLEANS. This is in the nature of an action on an appeal bond against the surety in the Court of Probates. The plaintiffs having obtained a judgment in the Probate.Court against the late N. Cox, as administrator of the estate of the late Samuel Elkins, deceased, a suspensive appeal was taken to the Supreme Court, with Jeremiah Berry as surety; which judgment was affirmed, with damages.
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APPEAL EE0M THE OOUET OF PROBATES FOR THE PARISH AND CITY OF NEW-ORLEANS. This is in the nature of an action on an appeal bond against the surety in the Court of Probates. The plaintiffs having obtained a judgment in the Probate.Court against the late N. Cox, as administrator of the estate of the late Samuel Elkins, deceased, a suspensive appeal was taken to the Supreme Court, with Jeremiah Berry as surety; which judgment was affirmed, with damages. The final judgment remaining unpaid, the plaintiffs took a rule in the Court of Probates, from whence the appeal was taken, on the defendant, and…
1Opinion of the CourtMorphy, J.
On a suggestion to the court below, that N. Cox had died, and that his estate had been declared insolvent, and directed to be administered on by a syndic, a.rule was taken on J. Berry as surety on an appeal bond, to show cause why *359judgement should not be rendered against him, for the amount of the decree obtained against Cox in this case, to wit: the sum of thirty thousand nine hundred and ten dollars and sixty-one cents, with five per cent, damages thereon, interest from the 3d of December, 1836, (the day of the death of N. Cox), and costs of suit. The defendant appealed, and among other…
2Cited by1 opinion
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