4 Rob. 39 | La. | 1843
The dismissal of this appeal is asked, on the ground that the transcript was not filed on the return day. The counsel for the appellant urges, that the application is too tardy, as it was not made until after the transcript had been actually filed; and he has referred us to the following authorities. 10 La. 502. Ib. 506. 15 La. 15. 17 La. 113. The appellee relies on 12 La. 535. 8 La. 206. 7 La. 176. 4 La. 67. 3 La. 251. 8 Mart. N. S. 184. In the case of Desarmes’ Heirs v. Desormes, Syndic, 17 La. 115, we held that the cases in which the appeals were dismissed, although the transcript was filed before the dismissal was asked, “ were decided previous to the act of the Legislature of March 20th, 1839, amending the Code of Practice, the 19th section of which cures the defects alleged, and if it does not, compels us to give the parties time to remove the objections. The appeal is, therefore, retained.”
The defendants, the sheriff of the parish, and the plaintiffs in two writs of ji. fa., are sued on' the ground that the writs were executed on a quantity of cotton, which was not the property of
On the merits the plaintiff is in possession of a verdict.
The facts are, that he had rented a field, the property of the defendant in the f. fa., and that the sheriff seized the cotton raised thereon, to satisfy his co-defendant’s execution. The plaintiff'
It is, therefore, ordered, that the judgment be annulled, and that the plaintiff recover from the defendants, in solido, the sum of $171 15¾, with costs in the District Court; those of the appeal to be borne by the plaintiff and appellee.