Digest of the Reported Decisions of the Superior Court of the Late Territory of Orleans; And of the Supreme Court of the State of Louisiana (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1834 Excerpt: ...obtained. Beard v. Bijeaux, 8 N. S. 462. 67. A judgment derives its force and effect from what is decreed by the court, not from what is admitted by the parties. Cuebas v. Venas, 8 N. S. 466. 68. Where a judgment is not prayed by privilege and preference, nothing but a judgment in personam can be rendered. Ibid. 467. 69. A technical confession of judgment, which will preclude the necessity of filing an answer, can only be made by defendant, or some one authorised by him to that effect. Gasquet et al. v. Johnson, 8 N. S. 547. 70. Judgment cannot include interest, when a remittitur for it is entered on record. Flower et al. v. Williams, 1 L. R. 29. 71. A judgment against defendants jointly, is a several judgment, unless the words be jointly and severally. Pemberton v. Grass et al. 1 L. R. 84. 72. A judgment of a Court' of Probates, homologating an executor's account without calling on the heirs or any person of adverse interest to oppose it, is not such a judgment as forms a basis for the plea of ret judicata. Marchand et al. v. Grade, 2 L. R. 148. 73. A party has always a right to enter a remittitur for any sum given by verdict to which he is not entitled, and to claim judgment for the remainder. Mead et al. v. Buckner, 2 L. R. 286. 74. Judgments bear date on the day on which they are rendered; sometimes the judge signs them before the expiration of the three days; in that case, new trial may be granted within the three days, although judgment be signed; after the lapse of three days, the judgment, though signed prematurely, becomes final. Marigny v. Stanley et al. 2 La. Rep. 323. 75. A judgment obtained in a court of the United States, posterior to a cession of property in a state court, cannot affect the property ceded. Schroeder's syndics v. Nicholson, 2 ...