Van Benthuysen v. Wackerbach

Decided July 1, 1880

Supreme Court of Louisiana · decided 1880-07-01

A motion was made by defendants appellants to strike the case from the summary docket, on the ground that promissory note cases were not included in the list of preference cases by any legislative Act. This was in 1877. The motion was refused, and judgment rendered for the amount of the note.

Decided 1880-07-01

¶1On application for rehearing.

Manning, C. J.

¶2We are surprised to find the appellants are entitled to have the case removed from the summary docket. The article of the Code of Practice and the various statutes on the subject were cited and reviewed, from which it appeared that promissory note cases had been omitted in the legislative changes. The case was ordered to be removed from the summary docket. The attention of the legislature having been thus attracted, this omission was supplied (Acts 1878 p. 45), and the suit was replaced on the summary docket and judgment summarily rendered.