Penrice v. Crothwaite

Supreme Court of Louisiana

Penrice v. Crothwaite

9 Mart. 537

DecidedMay 15, 1822

StatusPublished

This text of 9 Mart. 537 (Penrice v. Crothwaite) 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

Penrice v. Crothwaite, 9 Mart. 537 (La. 1822).

Pincite

Opinion

Porter, J.

delivered the opinion of the court. The parish judge did not err when he decided that the affidavit to hold to bail in this cause was insufficient: swearing, that the defendant owes the affiant as he believes, is not that declaration which the law requires. It should be positive, when the creditor makes the oath.

We cannot go into the opinion of the court, on the refusal to receive a supplemental petition. It does not produce a grievance irreparable in this case, and, therefore, is not a decision from which an appeal lies, ante, 275. [547]*547If it was, the plaintiff could not have it examined now; for, by his petition, it appears he has appealed alone from the judgment discharging the defendant out of custody.

It is therefore ordered, adjudged and decreed, that the judgment of the parish court be affirmed with costs.

Free access — add to your briefcase to read the full text and ask questions with AI

Porter, J.

delivered the opinion of the court. The parish judge did not err when he decided that the affidavit to hold to bail in this cause was insufficient: swearing, that the defendant owes the affiant as he believes, is not that declaration which the law requires. It should be positive, when the creditor makes the oath.

We cannot go into the opinion of the court, on the refusal to receive a supplemental petition. It does not produce a grievance irreparable in this case, and, therefore, is not a decision from which an appeal lies, ante, 275. [547]*547If it was, the plaintiff could not have it examined now; for, by his petition, it appears he has appealed alone from the judgment discharging the defendant out of custody.

It is therefore ordered, adjudged and decreed, that the judgment of the parish court be affirmed with costs.

Cite This Page — Counsel Stack

Bluebook (online)

9 Mart. 537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/penrice-v-crothwaite-la-1822.