Legal Opinion
John M. Parker & Co. v. Succession of Griffin
Supreme Court of Louisiana
Decided November 26, 1906No. 16,008PublishedCited by 2 opinions
Appeal from Eighth Judicial District Court, Parish of Franklin; David Newton Thompson, Judge. Action by John M. Parker & Co. against the succession of T. M. Griffin, deceased. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtBreaux, C. J.
There is a motion made .by the appellee to dismiss the appeal on the ground that the appeal bond is irregular and does not contain the proper condition.
The execution of the bond was for a devolutive appeal.
The condition which is expressed in the bond is as follows:
“Now, therefore, if the said defendant shall well and truly prosecute said appeal and pay said sum, then in such case this bond shall be null and void.”
The appellee urged that the bond does not contain the condition that the same shall be satisfied by the proceeds of the sale of his estate, real and personal.
A bond may be legal…
2Cases cited9 opinions
- Weill v. LeviSupreme Court of Louisiana · 1888
- Byrne v. RiddellSupreme Court of Louisiana · 1849
- Peoples' Brewing Co. v. BœbingerSupreme Court of Louisiana · 1888
- Pasley v. McConnellSupreme Court of Louisiana · 1888
- Glover v. TaylorSupreme Court of Louisiana · 1886
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re Great Southern Lumber Co.Supreme Court of Louisiana · 1912
- Benton v. JacobsLouisiana Court of Appeal · 1923