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

State ex rel. H. E. Shropshire v. The Judge of the Fifth District Court, for the parish of Orleans

State ex rel. Shropshire v. Judge of Fifth Dist. Court, 23 La. Ann. 491 (1871)
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Court
Supreme Court of Louisiana · State Highest Courts
Decided
May 15, 1871
Docket
No. 3339
Judges
Howe
Citations
23 La. Ann. 491
Headnotes
On application i'or a writ of prohibition against tlio judge a quo, tho Supreme Court will review tbo evidence taken in the court below, touching the solvency and sufficiency of the surety on the appeal bond, and if tho surety is found to be sufficient and the case is in other respects appealable, tho prohibition will issue.
Summary
APPLICATION for prohibition.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Howe

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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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1908: 11922: 119082026peak 1908 · 1

Relies on it most ⓘ

  1. Reynolds v. Egan47 So. 371 (La. 1908)
  2. Charvanel v. Esvard90 So. 658 (La. 1922)

Most recent

  1. Charvanel v. Esvard90 So. 658 (La. 1922)
  2. Reynolds v. Egan47 So. 371 (La. 1908)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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