Legal Opinion

Dorsey v. Harding

Supreme Court of Louisiana

Decided October 15, 1841PublishedCited by 2 opinions

Appeal from the District Court for the parish of Carroll, Tenney, J. This was an action against John D. Harding, sheriff of the parish of Carroll, and Susan Elizabeth Tompkins, tutrix of J. M. Tompkins, to enjoin the said Harding from selling certain negroes seized under an execution in the suit of J. M. Tompkins against E. F. Atchison et al. The injunction was dissolved with damages.

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Appeal from the District Court for the parish of Carroll, Tenney, J. This was an action against John D. Harding, sheriff of the parish of Carroll, and Susan Elizabeth Tompkins, tutrix of J. M. Tompkins, to enjoin the said Harding from selling certain negroes seized under an execution in the suit of J. M. Tompkins against E. F. Atchison et al. The injunction was dissolved with damages. The certificate of the clerk stated, that the record was ‘ a correct transcript of all the proceedings had, of all the papers and documents filed, as well as of all the evidence adduced by the parties, except…

1Opinion of the CourtGarland, J.

The plaintiff is appellant from a judgment dissolving an injunction obtained by him. The defendants filed a motion to dismiss the appeal, because the certificate of the clerk shows that the parol evidence given on the trial was not taken down, and does not come up with the record. There is no statement of facts, bill of exceptions or assignment of errors. The counsel for the plaintiff waived the opening; the counsel for defendants proceeded to argue bis motion to dismiss, and was proceeding with his objections, when the counsel for the plaintiff rose and offered to file a paper, which to that…

2Cited by2 opinions

  1. The Alexander, Picket, MasterSupreme Court of the United States · 1814
  2. Calhoun ex rel. Fitzimmons v. Insurance Co. of PennsylvaniaSupreme Court of Pennsylvania · 1808

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