Vignie v. Brady

Supreme Court of Louisiana

Vignie v. Brady

35 La. Ann. 560

CourtSupreme Court of Louisiana

DecidedApril 15, 1883

DocketNo. 8822

StatusPublished

Cited by16 cases

This text of 35 La. Ann. 560 (Vignie v. Brady) 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

Vignie v. Brady, 35 La. Ann. 560 (La. 1883).

Pincite

Opinions

On Motion to Dismiss.

The opinion of the Court was delivered by

Manning, J.

The appeal is by defendants, and their bond recites that they are “ bound in solido as principals and as sureties.” It i& not [561]*561signed by Charpaux, nor need it be as a principal. It is signed by Brady per his attorney of record, and that is sufficient as a principal.

The. motion is on the ground that these parties are set out in the bond as sureties as well as principáis, and there is no name of any other surety in the body of the bond.

There is another signature at the bottom beneath Brady’s, viz: J. Cahier. It is in the place where a surety signs. He does not sign as a witness. There are two witnesses to the instrument, and besides he has the L. S. immediately after his signature. No one but an obligor putshis name at tlte locus sigilli.

The point has been settled by the Succession of Lyons, unreported, and Coyle vs. Suc. Creevy, 34 Ann. 541.

The motion is refused.

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