Legal Opinion

Jackson v. Michie

Supreme Court of Louisiana

Decided May 15, 1881No. 7792PublishedCited by 27 opinions

APPEAL from the Thirteenth Judicial District Court, parish of Temsas. Hough, J. 3?ixSt — The appeal of plaintiff should be dismissed, because she asked for an order which did not give time to cite the appellees, in disregard of § 4, Act No. 45, 1870, Extra Session, p. 100. The fault is imputed to her, because she asked for an improper day.

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APPEAL from the Thirteenth Judicial District Court, parish of Temsas. Hough, J. 3?ixSt — The appeal of plaintiff should be dismissed, because she asked for an order which did not give time to cite the appellees, in disregard of § 4, Act No. 45, 1870, Extra Session, p. 100. The fault is imputed to her, because she asked for an improper day. Citizens’ Bank vs. Buty, 26 An. 748; Given vs. Clark, 12 La. 480; Hempkin vs. Averett, id. 483. Second — -And plaintiff's appeal should also be dismissed because she opposed the motion for a new trial, acquiesced in the judgment and made no motion for a new…

1Opinion of the Court

The opinion of the Court was delivered by

Todd, J.

The plaintiff sues the defendants, the first as principal and the second as surety, to recover the sum of $10,282 60 with interest, alleged to be the balance owing for the rent of the Aubrey plantation, in the parish of Tensas, for the years 1876, 1877 and 1878.

The demand sued on is evidenced b.y a written contract of lease and three promissory notes, signed by the defendant Michie, and by a writing indorsed on the contract of lease and signed by the defendant, Murdock, in the following words:

“ I hereby bind myself as security for the above and…

2Cited by27 opinions

  1. Viterbo v. FriedlanderSupreme Court of the United States · 1887
  2. Smith v. PattonTexas Commission of Appeals · 1922
  3. Wells v. FilesSupreme Court of Louisiana · 1914
  4. Ducros v. St. Bernard Cypress Co.Supreme Court of Louisiana · 1927
  5. Sims v. JeterSupreme Court of Louisiana · 1911

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