Edwards v. Harrison
Also decided on this docket: La. Ct. App. 1st Cir., October 26, 1967 203 So. 2d 562; La. Ct. App. 1st Cir., July 15, 1966 190 So. 2d 157; La. Ct. App. 1st Cir., December 11, 1926 5 La. App. 233
Edwards v. Harrison, 23 La. Ann. 473 (1871).
Cited by
- City of New Orleans v. Di Benedetto 144 So. 2d 558 La. Ct. App. 4th Cir. 1962
- Theriot v. Heirs of Dugas 2 La. App. 109 La. Ct. App. 5th Cir. 1925
Opinion text
Howell, J. Defendants, who are the captain and owners of a. steamboat, have appealed from a judgment with privilege lor the amount of two notes, given for work and materials furnished and done on the said steamboat. They suggest in their brief that there is. error in granting a privilege as there is no evidence to show that the claim originated within the time fixed for the expiration of such privilege by article 3237, Civil Code, or the act of 1858, p. 111. To this-the successful reply is that prescription is not pleaded, and tlie court, can not supply it. C. C. 3463, 3464. The defense is a simple general denial. Interrogatories were propounded to defendants to prove the debt and its nature, which were answered affirmatively. The appeal was taken in January, 1869, and its purpose seems to have been delay. The prayer for damages must be allowed. It is therefore ordered that the judgment appealed from be affirmed,, with eighty dollars damages and costs of appeal.