Kuck v. Johnson

Citations

• 114 La. 781
• 38 So. 559
• 1905 La. LEXIS 540

Syllabus

<p>BREACH OX MARRIAGE PROMISE — DAMAGES — JUDGMENT — ASSIGNMENT—APPEAL—PURCHASE BY ATTORNEY.</p> <p>1. In a suit for breach of promise of marriage, the question of damages is peculiarly within the discretion of the jury or trial judge, and their finding will not be disturbed unless the amount awarded is manifestly excessive or insufficient.</p> <p>2. Where the judgment rendered in such a suit was several months thereafter transferred to an attorney at law, and the defendant subsequently took a devolutive appeal, held, that he had no interest in contesting on such appeal the title of the attorney, because, if his purchase was null, as contended, the title to the judg-.. ment remained in plaintiff, who was before the court as appellee, and because, further, the purchase per se did not affect the defendant.</p> <p>3. Where an attorney purchases a litigious right in the form of a judgment, the remedy of the defendant is to oppose its execution when the attorney attempts to enforce it.</p> <p>(Syllabus by the Court.)</p>