Legal Opinion

State v. Johnson

Supreme Court of Louisiana

Decided October 15, 1838PublishedCited by 10 opinions

Western Dist. _APPEAL PROM THE COURT OF TUB FOURTH JUDICIAL DISTRICT, FOR THE PARISH OF CONCORDIA, TIIE JUDGE OF THE SECOND PRESIDING. This is an action to render the sureties in a bail bond liable, given for the appearance of M. Johnson, charged with the murder of Thomas Ash. Johnson was admitted to bail the 5th April, 1836, for his appearance at the June term following, of the Concordia court.

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Western Dist. _APPEAL PROM THE COURT OF TUB FOURTH JUDICIAL DISTRICT, FOR THE PARISH OF CONCORDIA, TIIE JUDGE OF THE SECOND PRESIDING. This is an action to render the sureties in a bail bond liable, given for the appearance of M. Johnson, charged with the murder of Thomas Ash. Johnson was admitted to bail the 5th April, 1836, for his appearance at the June term following, of the Concordia court. The tenor of the bond is thus: “ Know all men by these presents that we, M. Johnson, Wra. Nevills, and John Briscoe, are held and firmly bound unto E. D. White, governor of the state of Louisiana, in…

1Opinion of the CourtMartin, J.

The defendants, John Briscoe and Wm. Nevills, bail of M. Johnson, are appellants from a final judgment on then-bond. They pleaded, first, that notice of the judgment nisi issued prematurely, not being signed by the judge of the court, or certified by the clerk according to law.

2. That it was not legally served, the sheriff having failed to name the person upon whom it was served, or that he served it at defendant’s domicil.

3. No service could be legal, unless served upon him in person, or upon a person appointed bj'’ the court, in conformity to the act of 1835.. I. The judgment nisi did not…

2Cited by10 opinions

  1. Segura v. FrankSupreme Court of Louisiana · 1994
  2. Fullilove v. US Casualty Company of New YorkLouisiana Court of Appeal · 1961
  3. Dripps v. DrippsSupreme Court of Louisiana · 1979
  4. Cooper v. HodgeSupreme Court of Louisiana · 1841
  5. Hatch v. City Bank of New OrleansSupreme Court of Louisiana · 1842

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