Legal Opinion

Lizardi v. Arthur

Supreme Court of Louisiana

Decided December 15, 1840PublishedCited by 3 opinions

APPEAL PROM THE COURT OS THE PIRST JUDICIAL DISTRICT. This is an action against the makers and endorsers of a promjSsory note duly protested for non-payment. Arthur, one of the defendants, who was arrested, made a sPec'al defence. The others pleaded the general issue. On the trial, defendants’ witnesses were called, and not being present, attachments issued.

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APPEAL PROM THE COURT OS THE PIRST JUDICIAL DISTRICT. This is an action against the makers and endorsers of a promjSsory note duly protested for non-payment. Arthur, one of the defendants, who was arrested, made a sPec'al defence. The others pleaded the general issue. On the trial, defendants’ witnesses were called, and not being present, attachments issued. Towards 3 o’clock the witnesses not appearing, defendants’ attorney moved for time to send for his clients ; stating they could probably be found at their counting-house in the city, and might make affidavit of the materiality of the…

1Opinion of the CourtMorphy, J.

The defendants complain that an application for a continuance made by their counsel, was improperly overruled. From the bill of exceptions taken to the judge’s opinion, it . . ° ' . appears that certain witnesses, summoned in the cause,having fa'le<l 1° attend, they were ordered to be attached. At about 3 o’clock, P. M., the return of the sheriff was, that they could not be found ; thereupon, the counsel moved for time sen(^ f°r defendants, that they might make their oath as materiality of the testimony of said witnesses. This , i » • . was refused, on the ground that parties are bound to be…

2Cited by3 opinions

  1. McDonald v. BadieLouisiana Court of Appeal · 1940
  2. Mongrue v. MongrueLouisiana Court of Appeal · 1981
  3. Wimbish v. WadeSupreme Court of Louisiana · 1869

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