Blessey v. New Orleans Oil Factory

Supreme Court of Louisiana

Blessey v. New Orleans Oil Factory

13 La. Ann. 310

CourtSupreme Court of Louisiana

DecidedMay 15, 1858

StatusPublished

Cited by1 cases

This text of 13 La. Ann. 310 (Blessey v. New Orleans Oil Factory) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blessey v. New Orleans Oil Factory, 13 La. Ann. 310 (La. 1858).

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Opinion

Spofford, J.

The only complaint of the appellant is that a judgment by default was confirmed against him when an answer had been filed.

[311]*311There appears a general denial in the record, purporting to have been filed upon the same day that the judgment by default was made final.

But it does not appear that the defendant filed it in open court, or procured the usual order to have the judgment by default set aside.

The presumption, therefore, is that the court did its duty, and that the defendant filed his answer after the judgment by default had been confirmed..

The prayer for damages, we think, should be allowed.

It is, therefore, ordered and decreed, that the judgment appealed from be affirmed, with costs, and forty dollars damages as for a frivolous appeal.

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