Chandler v. Witherspoon
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE SECOND DISTRICT, THE JUDGE OF THE FOURTH PRESIDING. This suit was brought to recover the amount of a promissory note, executed by the defendant in favor of one James Bowie. The note (which was not negotiable) was e; dor?ed in blank by the payee and two other persons.
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APPEAL FROM THE COURT OF THE SECOND DISTRICT, THE JUDGE OF THE FOURTH PRESIDING. This suit was brought to recover the amount of a promissory note, executed by the defendant in favor of one James Bowie. The note (which was not negotiable) was e; dor?ed in blank by the payee and two other persons. The plaintiff sued as assignee; and, on the trial of the cause, moved the court for permission to write over the endorsement of the payee an assignment in his favor; which was refused, and a bill of exceptions taken. The plaintiff, having offered no other evidence than proof of the signature of the…
1Opinion of the Court
Porter, J-,
delivered the opinion of the court.
A motion is made to dismiss this appeal. The appellant contends it is made too late, an answer having been put in on the merits, and the cause set for trial.
The joinder in error by the appellee on the merits, follows an exception on the same paper to the manner in which the appeal is brought up. This proceeding was perfectly regular, and an answer, under such circumstances, cannot be con- . , , . .... sidered as a waiver ol the objection.
The appeal was returnable the first Monday of February, and it was filed in the office of the clerk of this…
2Cited by1 opinion
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