DeGruy v. Jos. A. Aiken & Co.
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. King, J. In a suit for damages for personal injuries, a defendant who pleads contributory negligence admits his own negligence. 12 An. I; Am. and Ting.
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APPEAL from the Civil District Court for the Parish of Orleans. King, J. In a suit for damages for personal injuries, a defendant who pleads contributory negligence admits his own negligence. 12 An. I; Am. and Ting. TCncycl. of Daw, p. 18; 31 An. 1088; 32 An. 617; 38 An. 116. A contractor sued for damages caused by a defect in public work, which he agreed to keep in repair, can not urge want of notice of the defect, where he denies that the defect existed. 37 An. 192*195. A contractor-who. under a law requiring the leasing of a public work, becomes-lessee thereof with an engagement to keep…
1Opinion of the Court
On Motion to Dismiss.
The opinion of the court was delivered by
Fenner, J.
Nothing is submitted for our present determination except the motion to dismiss filed in this court.
The grounds of the motion are the following:
That the appeal bond filed by the defendants and appellants from said final judgment is defective in form and substance, in this:
1. That while the said judgment casts the defendants in solido, the *800bond of appeal was given by them jointly, and the surety guarantees their payment of the judgment jointly for an aliquot part of said judgment, and that said surety does not guarantee…
2Cited by3 opinions
- Succession of DesinaSupreme Court of Louisiana · 1908
- Miramon v. City of New OrleansSupreme Court of Louisiana · 1900
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