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138 La. 95

Jallans v. Rohm

Supreme Court of Louisiana

Decided November 2, 1915

Supreme Court of Louisiana · decided 1915-11-02

C. W. Ellis, Judge. Action by P. J. Jallans against Geo. Rohm. From a judgment making absolute a rule taken by Gassie & Beary, official stenographers, in which they claimed and were allowed a sum for services rendered, the National Surety Company appeals.

Relies on Rohm v. Jallans

Affirmed · Decided 1915-11-02

MONROE, C. J.

¶1This matter comes before the court on the appeal of the National Surety Company from a judgment making absolute a rule taken by Gassie & Beary, official stenographers of Division A of the Civil District Court, in which they claimed 8236, for services rendered by them, and prayed that the same be taxed as costs and paid by said company.

¶2The reasons' assigned by the judge a quo for making the rule absolute are as follows:

“It appearing that, in this suit [which appears'to have been No. 95096 of the docket of the district court] and 98777, and other suits, consolidated, by judgment of April 28, 1913, it was decreed that all costs of these proceedings be paid by said Peter Jallans and the National Surety Company; and, also, that movers were employed by counsel representing said surety company; and, also, that it is conceded that the_ bill of movers is correct, and is for services in said matter, under said employment —it is ordered,” etc.

¶3It appears, from the evidence in the record that plaintiffs in rule rendered the services, for which they make the charge here in controversy, under employment by counsel who then represented defendant in rule, and on behalf of defendant as well as of Jallans, the contractor for whom defendant was surety; and it also appears, from the report of the decision of this court, in the litigation to which the judge a quo refers, that the judgment of the district court, in that litigation, condemning the surety company to pay the costs, was affirmed. Rohm v. Jallans, 134 La. 913, 64 South. 829.

¶4The only question left for decision, therefore, would seem to be as to the correctness of the bill sued on, and that is established by undisputed evidence.

¶5The judgment appealed from is therefore affirmed.

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