Legal Opinion

Peirce v. Morgan

Supreme Court of Louisiana

Decided February 15, 1832PublishedCited by 5 opinions

APPEAL FROM THE COURT OF THE FIRST DISTRICT. This was a motion to dissolve an injunction, by which the process of execution, issued by the Criminal Court upon a recognizance, had been enjoyed by the court of the first district. The ground upon which the injunction was granted, and upon which the plaintiff relied, was, that the recognizance being an obligation for the payment of money, the Criminal Court could not entertain jurisdiction.

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APPEAL FROM THE COURT OF THE FIRST DISTRICT. This was a motion to dissolve an injunction, by which the process of execution, issued by the Criminal Court upon a recognizance, had been enjoyed by the court of the first district. The ground upon which the injunction was granted, and upon which the plaintiff relied, was, that the recognizance being an obligation for the payment of money, the Criminal Court could not entertain jurisdiction. The court a quo dissolved the injunction, and the plaintiff appealed.

1Opinion of the CourtMathews, J.

T In this case, judgment having been entered up (on motion in the Criminal Court of the First Judicial District) against the plaintiff, as surety in a bond or recognizance, for the appearance of an individual, charged with an offence against the state, and the sheriff being about to execute said judgment, the debtor appealed to the District Court and obtained an injunction to stay proceedings against him. This injunction was afterwards dissolved, and he appealed.

The questions presented by the cause, relate to the jurisdiction of the court, established for the trial of crimes and misdemeanors,…

2Cited by5 opinions

  1. State v. ToupsSupreme Court of Louisiana · 1892
  2. State v. DykesSupreme Court of Louisiana · 1910
  3. State v. BezettSupreme Court of Louisiana · 1925
  4. Lallande v. LeeSupreme Court of Louisiana · 1845
  5. United Benefit Fire Ins. Co. of Omaha v. Garrison ex rel. Parish of OrleansLouisiana Court of Appeal · 1964

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