Smith v. Harrathy
Smith v. Harrathy
Opinion of the Court
delivered the opinion of the court. In this suit the plaintiff claims from the defendant $381 43, on account of corn and oats, which he alleges was received by the latter from him as a part of a common stock of such articles, which was to have been furnished mutually by the parties to the present action; and to have been sold by the defendant for their joint benefit and interest. It is alleged in the petition, that he entirely failed to furnish any thing to the stock, which was to have been common; and the pleadings of the cause end in causing accounts to be submitted by both parties. On which, and the evidence in their support, the court below rendered judgment in favor of the plaintiff, for $51 26; from which the defendant appealed.
Previous to taking the appeal, an application was made by the applicant to the parish court for a new trial, which was refused on the ground of not having been made prior to the expiration of the time allowed by law.
The record shews that a new trial was not
If no application be made for a new trial within that period, and the judgment be signed in pursuance of the Art. 546, it could not afterwards be legally made. But the question which arises on the state of the present case, is whether this limitation of time be a bar to any motion made for a new trial when the judgment is not actually signed. A case occurred analogous, if not similar, to that now under consideration, soon after the organization of this court, in which it became necessary to give an interpretation to the section of act of 1813, which related to the manner of making a statement of facts. The opinion therein expressed by the court, recognised the right to make such statement at any time before the actual signing of the judgment. See T. R. p. 201. A judgment, though entered on the minutes of the court, cannot be consi
This view of the cause shews evidently that we differ in opinion with the judge a quo, as to the reasoning which influenced him in rejecting the application of the defendant for a new trial. But as the record contains all the grounds on which such application seems to have been based, we must proceed to examine their soundness and sufficiency to support the pretensions of the applicant.
The principal, if not the only, objection made to the correctness of the judgment of the parish court, is the rejection of $250, claimed by the appellant, as having been by him brought into the partnership, and by which the common stock or capital was increased to that amount in addition to the $616, furnished by the appellee. In support of this item of $250, as charged in the account rendered by the defend
It is therefore ordered, adjudged and decreed, that the judgment of the parish court be affirmed with costs.
Reference
- Full Case Name
- SMITH v. HARRATHY
- Status
- Published