Emerson v. Lozano

Supreme Court of Louisiana

Emerson v. Lozano

1 Mart. 265

DecidedJuly 1, 1811

StatusPublished

This text of 1 Mart. 265 (Emerson v. Lozano) 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

Emerson v. Lozano, 1 Mart. 265 (La. 1811).

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Opinion

m By the Court.

Since the defendant offers to pay the money into court, it would be wrong in the court not to hold him thereto. When the merits of the cause are sworn to be with the party who seeks for a reconsideration of the case in this court, and it clearly appears that without any latches on his part, and lay events not within his control, he has been disabled from praying the appeal in due time, so as to prevent the issuing of the execution, this court will relieve against the accident, if the applicant be ready to place his adversary in as safe a situation, as if the application had been made below in due time.

Motion allowed.

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m By the Court.

Since the defendant offers to pay the money into court, it would be wrong in the court not to hold him thereto. When the merits of the cause are sworn to be with the party who seeks for a reconsideration of the case in this court, and it clearly appears that without any latches on his part, and lay events not within his control, he has been disabled from praying the appeal in due time, so as to prevent the issuing of the execution, this court will relieve against the accident, if the applicant be ready to place his adversary in as safe a situation, as if the application had been made below in due time.

Motion allowed.

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Bluebook (online)

1 Mart. 265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/emerson-v-lozano-la-1811.