State ex rel. Boye
Supreme Court of Louisiana
APPEAL from the Sixth District Court of New Orleans, — The relator contends that the decree of this Court, “Judgment affirmed with costs,” did not, and could not condemn him to pay the costs of appeal. Duncan having been cast on the appeal, should pay the costs of appeal. The law is inoperative.
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APPEAL from the Sixth District Court of New Orleans, — The relator contends that the decree of this Court, “Judgment affirmed with costs,” did not, and could not condemn him to pay the costs of appeal. Duncan having been cast on the appeal, should pay the costs of appeal. The law is inoperative. O'. P. 549, 907, 908. In the case of Underwood v.' Lacapére, 14 A. 276, Mrs. Bourgeois, having called White in warranty, failed to obtain judgment against him in the lower Court, and appealed. This Court decreed that the judgment be affirmed with costs. Mrs. Bourgeois applied for a rehearing. The…
1Opinion of the CourtHvhajt, C. J.
Belator asks for a writ of prohibition against Morris L.' Duncan, and also against the Judge of the Sixth District Court of New Orleans, and the Sheriff of the Parish of Orleans, restraining them from exacting. from him the payment of the cost of the appeal in the case styled Morris L. Duncan v. Christian Boye.
Morris L. Duncan sued the relator in said District Court, and obtained judgment for only a part of the amount claimed by him in his petition.
Duncan, believing that he was aggrieved, by not having got judgment for the whole amount claimed by him, took an appeal to this Court to have the…
2Cases cited1 opinion
- State v. Judge of the First DistrictSupreme Court of Louisiana · 1841
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