Wisdom & Levy v. Bille

Citations

• 120 La. 700
• 45 So. 554
• 1908 La. LEXIS 556

Syllabus

<p>1. Bills and Notes — Actions—Allegation oe Notice oe Dishonor — Necessity.</p> <p>Plaintiff, bringing suit against the indorser of a note, must allege that notice of dishonor has been given him or that he has waived the same. An allegation that the n->te has been duly protested is not sufficient, and the plaintiff, having failed to make the necessary allegation, was properly nonsuited in the city court.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 7, Bills and Notes, §§ 1496, 1497.)</p> <p>2. Courts — Municipal Courts — Jurisdiction — Writ op Review — Sufficiency.</p> <p>Plaintiff brought in the First city court three different suits against defendant on notes arising out of the same cause of action. Two of the suits were in one division of the court, and the third in another division. The parties agreed that the three suits should be brought before one judge, and should be consolidated, tried on the same evidence, and determined by one judgment. At the trial defendant excepted to the jurisdiction on the ground that the demands had been merged into one demand for the amount of the aggregate amount of the three notes. The court, for the reasons assigned, correctly overruled the exception. Plaintiff obtained three orders of appeal to the Court of Appeal, which were perfected by giving three bonds. Defendant moved the appellate court to dismiss the appeals on the ground that the city court was without jurisdiction on the ground set up in that court. The court overruled the exception and rendered three different judgments against the defendant. The court erred. The judgment of the city court was correct, and should have been affirmed. Defendant applied for and obtained from the Supreme Court an order to bring up the three records in the three cases for review. The plaintiff moved to set aside this order, but for reasons assigned this motion is denied.</p> <p>(Syllabus by the Court.)</p>