Ackermann v. Larner

Citations

• 119 La. 744
• 44 So. 452
• 1907 La. LEXIS 547

Syllabus

<p>1. Appeal — Dismissal — Grounds — Waiver of Objections.</p> <p>Plaintiff obtained judgment against defendant in solido for the sum of $11,350, with legal interest from January 1, 1891, until paid, subject to an offset of $5,005.</p> <p>Defendant appealed, and, for the purpose of fixing the amount of appeal bond for a suspensive appeal, calculated the amount due upon the whole judgment, with deduction of the offset.</p> <p>Plaintiff claims that in making such deduction defendant acquiesced in the judgment. That position is not tenable. Defendant is entitled to a suspensive appeal, and the law itself fixed the terms and conditions upon which it could be granted. Defendant’s action was not voluntary, but in compliance with the requirements of the statute. Defendant had to deal with the judgment temporarily and for the par-poses of the appeal as found.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 2, Appeal and Error, § 957.]</p> <p>2. Same.</p> <p>Plaintiff claims that defendant is not entitled to an appeal, having pleaded compensation of plaintiff’s demand in part on the trial of the case.</p> <p>This proposition is not well taken. Defendant contended throughout that plaintiff’s demand be rejected in its entirety; but, in the event that the court render judgment in any. manner, it should be for the balance fund after an adjustment resulting from an accounting.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 2, Appeal and Error, §§ 953-957.]</p> <p>On the Merits.</p> <p>3. Fkatjduijent Conveyances — Actions to Set Aside — Evidence.</p> <p>Involves only questions of fact.</p> <p>(Syllabus by the Court.)</p>