Legal Opinion

Johnson v. Spearing

Supreme Court of Louisiana

Decided April 15, 1840PublishedCited by 6 opinions

APPEAL FROM THE COMMERCIAL COURT OF NEW-ORLEANS. This is an action against the defendant on his two promissory notes, given for the price of fifty-nine coils of bale rope. The notes were payable to the order of Peter Laidlaw, and by him endorsed in blank. He acted for the plaintiffs and had the bale rope sequestered. The defendant pleaded a general denial.

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APPEAL FROM THE COMMERCIAL COURT OF NEW-ORLEANS. This is an action against the defendant on his two promissory notes, given for the price of fifty-nine coils of bale rope. The notes were payable to the order of Peter Laidlaw, and by him endorsed in blank. He acted for the plaintiffs and had the bale rope sequestered. The defendant pleaded a general denial. There was judgment for the plaintiff and the defendant prayed and obtained a suspensive appeal, but failed to have the testimony taken down, or a statement of facts made out. The appellees brought up the record after the return day, and…

1Opinion of the Court

Morphy, J.,

delivered- the opinion of the court.

Plaintiffs brought suit on two promissory notes given to them by defendant, in payment of fifty coils of rope which they caused to be. sequestered. No serious defence being made below, judgment was rendered against the defendants, *233and the property sequestered ordered to be sold to satisfy the same.

The party wishing to appeal, and have the judgment of the inferior court revised, must see that the evidence is taken down in writing, or a statement of facts made out ; otherwise judgment will be affirmed, with damages.

The defendant took this appeal,…

2Cited by6 opinions

  1. Goldman v. ThomsonLouisiana Court of Appeal · 1926
  2. Streat v. Unity Industrial Life Ins. Co.Louisiana Court of Appeal · 1932
  3. Ansley v. StuartSupreme Court of Louisiana · 1908
  4. Bank of Pachuta v. Cranor Lumber Co.Louisiana Court of Appeal · 1909
  5. Cooley v. BroadSupreme Court of Louisiana · 1877

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