City Bank of New Orleans v. Johnson

Supreme Court of Louisiana

City Bank of New Orleans v. Johnson

1 La. Ann. 246

CourtSupreme Court of Louisiana

DecidedSeptember 15, 1846

StatusPublished

Cited by1 cases

This text of 1 La. Ann. 246 (City Bank of New Orleans v. Johnson) 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

City Bank of New Orleans v. Johnson, 1 La. Ann. 246 (La. 1846).

Pincite

Opinion

The judgment of tho court was pronounced by

Eustis, C. J.

Tho defendant and appellant, drawer of a promissory note, has pleaded in this court the proscription of five years, on an appeal taken from a judgment against him. J3y articlo 3427 of the Civil Codo, prescription may be pleaded on the appeal.

The appellant made an application to filo his pica, on a motion for a new trial in the court below. The appolleo has requested that, in tho event of the plea being received, the case be remanded for a new trial. This he has a right to require.

Sherburne and J. B. Smith, for the plaintiffs. P. A, Morsa and Roysdon, for the appellant.

The judgment is therefore reversed, and the case remanded for a new trial; the appellee paying the costs of this appeal.

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