No. 3339 Precedential Processed

State ex rel. Shropshire v. Judge of Fifth District Court

Louisiana Supreme Court · Filed May 15, 1871 · 23 La. Ann. 491

Also decided on this docket: La. Ct. App. 1st Cir., March 2, 1951 50 So. 2d 838; La. Ct. App. 1st Cir., March 3, 1969 220 So. 2d 484; La. Ct. App. 1st Cir., December 19, 1928 121 So. 345; La. Ct. App. 1st Cir., December 21, 1903 1 Teiss. 70

Cited by

Opinion text

Howe, J. The application for a prohibition in this case, to preserve the appellate jurisdiction of this court and the right of the relator to suspend execution pending the appeal, involves the sufficiency of the surety on the appeal bond. The bond is for $900; the surety declares he is w'orth that amount over and above his debts; and that his property consists of real estate worth $6000, encumbered for $4000. No evidence is offered to contradict these statements, and we do not see why they are not conclusive in establishing his sufficiency. It is therefore ordered that the prohibition granted herein, be made perpetual.