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21 La. Ann. 683

Ewing v. Root

Supreme Court of Louisiana

Decided September 15, 1869

Supreme Court of Louisiana · decided 1869-09-15

<p>Damages will "be allowed tlie appellee when prayed for, if the record shows no legal ground for taking the appeal.</p>

Decided 1869-09-15

IIowel, J.

¶1The defendant, Elias Lindstrum, has appealed from a judgment on default against him, rendered upon three promissory notes, amounting to $1500 exclusive of interest.

¶2In his brief he urges that he has a good defense, but no sufficient reason is shown why a defense could not have been made in the Court below. The proceedings are all regular, and more than the usual legal delays occurred before judgment by default was made final, which is fully sustained by the evidence.

¶3The appellee has prayed for damages, which, under the circumstances presented in the record, must be allowed.

¶4It is therefore ordered that the judgment appealed from be affirmed, with one hundred dollars damages and costs of suit in both courts.

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