Thompson v. Bland Produce Co.

L. JULIAN SAMUEL, Judge pro tem.

This devolutive appeal, taken by defendant (by supplemental pleadings the defendant was changed from a corporation to a person), has been attacked by plaintiff in a motion to dismiss based on the allegation that defendant is prohibited from taking the appeal because he has acquiesced in the judgment by paying the same.

The judgment involved is for $1,313.54. After it had been signed plaintiff obtained a writ of fieri facias and garnishment against the Bank of New Orleans & Trust Company on the defendant’s account in that bank. About three weeks later, and…