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6 La. Ann. 358

Simons v. Burrows

Supreme Court of Louisiana

Decided April 15, 1851

Supreme Court of Louisiana · decided 1851-04-15

<p>Where the judgment of the lower court allows a little more interest than was really due, the defendant should move to correct the mistake before the judgment is signed.</p>

Decided 1851-04-15

¶1The judgment of the court was pronounced by

¶2Rost, ,T. This is a suit upon a promissory note. The defendant and appellant has not pointed out to us the grounds upon which he expects a reversal or modification of the judgment.

¶3A little more interest was allowed by the court below than was really due, but this error should have been corrected by an application to the district court before the judgment was signed, and it is not a sufficient ground to reverse the judgment. Hown v. Grailhe, 1st Ann. 140. This error, however, dispenses us from the necessity of allowing damages, as for a frivolous appeal.

¶4The judgment is affirmed, with costs.

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