Day v. Gordon

Supreme Court of Louisiana

Day v. Gordon

9 La. Ann. 183

DecidedMarch 15, 1854

StatusPublished

This text of 9 La. Ann. 183 (Day v. Gordon) 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

Day v. Gordon, 9 La. Ann. 183 (La. 1854).

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Opinion

Vookkies, J.

The plaintiff has moved for the dismissal of the appeal on several grounds, one of which only need be noticed. The plaintiff is the surviving spouse, and the defendants the descendants and heirs, by a former marriage, of William Bay, deceased. This action was brought by the plaintiff to recover one-half of the property and effects belonging to the community which formerly existed between her and the said Bay. Her demand was resisted by the defendants on several grounds, as alleged in their answer. The case was submitted to a jury, and from the judgment rendered on their verdict in favor of the plaintiff, an appeal was granted to the defendants. The ground on which we are of opinion that the appeal must bo dismissed, is, because the appeal was taken by the defendants generally, and the appeal bond is only signed by W. 8. Gordon and W. 8. Bates, as principals, who arc not the real defendants in this suit, their wives only being parties in interest. O. P. 513, 578, 579'. This case can hardly bo distinguished from that of Wood v. Wall, 5 A. 179.

It is therefore ordered, adjudged and decreed, that the appeal be dismissed at the costs of W. 8. Gordon and W. S. Bates.

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Vookkies, J.

The plaintiff has moved for the dismissal of the appeal on several grounds, one of which only need be noticed. The plaintiff is the surviving spouse, and the defendants the descendants and heirs, by a former marriage, of William Bay, deceased. This action was brought by the plaintiff to recover one-half of the property and effects belonging to the community which formerly existed between her and the said Bay. Her demand was resisted by the defendants on several grounds, as alleged in their answer. The case was submitted to a jury, and from the judgment rendered on their verdict in favor of the plaintiff, an appeal was granted to the defendants. The ground on which we are of opinion that the appeal must bo dismissed, is, because the appeal was taken by the defendants generally, and the appeal bond is only signed by W. 8. Gordon and W. 8. Bates, as principals, who arc not the real defendants in this suit, their wives only being parties in interest. O. P. 513, 578, 579'. This case can hardly bo distinguished from that of Wood v. Wall, 5 A. 179.

It is therefore ordered, adjudged and decreed, that the appeal be dismissed at the costs of W. 8. Gordon and W. S. Bates.

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Bluebook (online)

9 La. Ann. 183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/day-v-gordon-la-1854.