Perkins v. His Creditors

Citations

• 123 La. 495
• 49 So. 137
• 1909 La. LEXIS 733

Syllabus

<p>Mandamus (§ 57*) — Appeal Bond — Mandamus to Compel Amendment — Insolvency.</p> <p>Where an insolvent applies for a respite, and certain creditors file an opposition, and the court sustains the opposition, and the insolvent appeals from the order, and the judge, while ill and unable to attend properly to his duties, fixed the amount of the appeal bond so as to cover the amount of the debts, instead of merely costs, and the insolvent immediately appeals, although the judge signifies that he would change the bond to the proper amount if the opposition counsel would agree, the insolvent-will not be sent back to the trial court to first exhaust his remedies in such court, where doing so vould cause the appeal to be lost, it further appearing that the insolvent’s counsel probably thought that the judge would reduce the amount only with the consent of opposing counsel; and mandamus to reduce the amount, so as to cover only the costs, will be granted.</p> <p>[Ed. Note. — For other cases, see Mandamus, Dec. Dig. § 57.*]</p>