Pressas v. Mendiburn, 4 La. 128

Pressas v. Mendiburn

4 La. 128 | La. | 1832

Lead Opinion

The facts are stated in the opinion of the court, delivered by

Martin, J.

The plaintiff alleges the defendant owes him a large sum, the balance of several accounts, transactions, and dealings, they had together, and for wages, as a clerk to the defendant, in the Spanish province of Yucatan.

a continue prevents^the wages of the first ^6cllS S61vices from ^pres^ri^ tion- An unliquibears ncTint^ lest> either bejudgement,

The defendant pleaded the general issue, res judicata, and averred he was a creditor for a sum of about seven dollars, on posterior accounts and transactions, for which he claimed judgement by reconvention; but he afterwards abandoned this claim in reconvention, and pleaded prescription.

There was judgement for the plaintiff,, and the defendant appealed. . . , .

There is a mass of testimony, the weight of which the counsel for both parties have submitted to us without any argument; that of the appellant has, however, urged that the District Court erred in disallowing his plea of prescription to a part of the appellant’s claim for wages, as the appellee’s *i v'-v "i • r* • v *i t clerk. On this point, we are of opinion the court did not err, as the continuity of the services prevented the wages during the first years services being barred. 8 Marlin, 16. On the merits, we are unable to say the District Court erred.

It is, therefore, ordered, adjudged, and decreed, that the judgement be affirmed, the appellant paying costs in both courts.

Rehearing

On a rehearing,

Porter, J.,

delivered the opinion of the court.

An application has been made to modify a judgement in this case. The demand was unliquidated, and the court below gave interest on it. The Code of Practice, 554, proMbits this, and we are of opinion this prohibition extends to interest after judgement, as well as that which precedes it.

It is, therefore, ordered, adjudged and decreed, that the judgement of the District Court, be annulled, avoided and reversed, and it is further ordered, adjudged, and decreed, that the plaintiff do recover of the defendant the sum of one. thousand two hundred and seventeen dollars, with costs in the. court below, those of appeal to be paid by the appellee.