Henderson v. Wadsworth

Citations

• 115 U.S. 264
• 6 S. Ct. 40
• 29 L. Ed. 377
• 1885 U.S. LEXIS 1836

Syllabus

<p>Wbtere suit is brought against heirs to enforce their liability for the payment of a note on which their ancestor was bound, and they plead neither counter-claim nor set-off, and ask no affirmative relief, and separate judgments are rendered against each for his proportionate share, this court has jurisdiction in error only over those judgments which exceed five thousand dollars.</p> <p>Under the Civil Codo of Louisiana, a widow, even where she has accepted the succession of her husband without benefit of inventory, is not liable in solido with the surviving partners for the payment of a note made by the firm of which her husband was a member ; and payments made on the note by the surviving partners cannot be given in evidence to show interruption of prescription running in her favor.</p>