Taylor v. Staley

Citations

• 121 La. 445
• 46 So. 568
• 1908 La. LEXIS 688

Syllabus

<p>Appeal and Error — Review — Immaterial Matters.</p> <p>Defendant moved to dissolve the attachment in this case on the ground of the insufficiency of the amount of the bond. Plaintiff sought to cure the defect by filing a supplemental petition, and alleging that through error of counsel a larger amount had been sued for than was due, or was intended to be claimed by plaintiff. On the trial of this motion to dissolve, no evidence was offered by plaintiff to prove the alleged error. The trial court sustained the motion, and dissolved the attachment, and plaintiff appealed. Held that, the alleged error not having been proved, the appellate court is not called upon to consider what would have been the legal situation if the error had been proved.</p> <p>[Ed. Note. — For cases in point, see Gent. Dig. vol. 3, Appeal and Error, § 3341.]</p> <p>(Syllabus by the Court.)</p>