Lopez v. Bergel
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. This is an action on a promissory note, executed by Gregorio Bergel, to the ancestor of the plaintiffs, the 22d August, 1825, for five hundred and thirteen dollars, payable one year after date, with interest, at the rate of ten per cent, per annum, from the time it became due, until paid. The suit was filed December 21st, 1833, and citation served the third day thereafter.
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APPEAL FROM THE COURT OF THE THIRD JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. This is an action on a promissory note, executed by Gregorio Bergel, to the ancestor of the plaintiffs, the 22d August, 1825, for five hundred and thirteen dollars, payable one year after date, with interest, at the rate of ten per cent, per annum, from the time it became due, until paid. The suit was filed December 21st, 1833, and citation served the third day thereafter. The plaintiffs sue, as the widow and heirs of the obligee of the note, 'and pray judgment for the amount thereof, with interest. Judgment by…
1Opinion of the CourtMartin, J.
The defendant who is sued on a promissory note, suffered judgment by default to be taken, and on its being made final he appealed.
fer^®n judgment by deagainst him^iUs tliatp^yU™isl0j¡l lenee he acjusti'c^'oT tile ^and*^' de" Where the defendant does not deny the plaintiffs5 debt, but lets judgment go by default, this fact will be considered as a corroborating circumstance, which taken with the testimony of one witness is sufficient proof of the demand to make such final. The omission of the defendant to deny the plaintiffs5 capacity to sue, waives the right to do so, and dispenses him fromtne…
2Cited by4 opinions
- Dodd v. SchellLouisiana Court of Appeal · 1968
- Victory Oil Co. v. Von SchlemmerLouisiana Court of Appeal · 1927
- Electrical Supply Co. v. MosesLouisiana Court of Appeal · 1926
- Brazier v. Pride of Donaldsonville Tabernacle No. 40Louisiana Court of Appeal · 1938