Lower Lafourche Planting & Mfg. Co. v. Breaux

Fifth Circuit

Lower Lafourche Planting & Mfg. Co. v. Breaux

254 F. 990, 166 C.C.A. 670, 1919 U.S. App. LEXIS 1575

CourtCourt of Appeals for the Fifth Circuit

DecidedJanuary 7, 1919

DocketNos. 3279, 3280

StatusPublished

This text of 254 F. 990 (Lower Lafourche Planting & Mfg. Co. v. Breaux) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lower Lafourche Planting & Mfg. Co. v. Breaux, 254 F. 990, 166 C.C.A. 670, 1919 U.S. App. LEXIS 1575 (5th Cir. 1919).

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Opinion

BATTS, Circuit Judge.

Appellant had a right to appeal, and is not to be criticized for the exercise of the right. That the amount actually in dispute may be less than attorney’s fees paid or costs incurred may evidence fidelity to right rather than litigious obstinacy. It may be that some of the amounts included in the judgment were erroneously allowed, and we might be compelled to further prolong a litigation that has had little excuse for being, but for the fact that the recovery against appellant is somewhat too small because of the exclusion of interest. The judgments are affirmed.

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BATTS, Circuit Judge.

Appellant had a right to appeal, and is not to be criticized for the exercise of the right. That the amount actually in dispute may be less than attorney’s fees paid or costs incurred may evidence fidelity to right rather than litigious obstinacy. It may be that some of the amounts included in the judgment were erroneously allowed, and we might be compelled to further prolong a litigation that has had little excuse for being, but for the fact that the recovery against appellant is somewhat too small because of the exclusion of interest. The judgments are affirmed.

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Bluebook (online)

254 F. 990, 166 C.C.A. 670, 1919 U.S. App. LEXIS 1575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lower-lafourche-planting-mfg-co-v-breaux-ca5-1919.