Legal Opinion

Bernhardt v. Curtis

Supreme Court of Louisiana

Decided March 17, 1902No. 13,949Published

Action by David Bernhardt against Edward Curtis. A judgment for plaintiff was affirmed by the court of appeals of the parish of Orleans, and defendant brings certiorari.

1Opinion

(On Rehearing.)

MONROE, J.

It is alleged in the application for rehearing that the court failed to notice the cases of Ludeling v. Felton, 29 La. *175Ann. 720, and Serra e Hijo v. Hoffman, 30 La. Ann. 67, that the judgment rendered is in conflict with section 16 of the bankrupt law [U. S. Comp. St. 1901, p. 3428], and that “the court overlooked the fact that there is no evidence to sustain the defense in the record; no lease; no statement of facts.”

If tlie conclusion upon which the judgment rendered is predicated be correct, — i. e., if it be true that the lease was absolutely terminated by the…

2Cases cited9 opinions

  1. Wolf v. StixSupreme Court of the United States · 1879
  2. Bray v. CobbDistrict Court, E.D. North Carolina · 1900
  3. In re EllsDistrict Court, D. Massachusetts · 1900
  4. Atkins v. WilcoxCourt of Appeals for the Fifth Circuit · 1900
  5. In re JeffersonDistrict Court, D. Kentucky · 1899

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