Hiriart v. Ballon
34 U.S. 156

Annotate this Case

U.S. Supreme Court

Hiriart v. Ballon, 34 U.S. 9 Pet. 156 156 (1835)

Hiriart v. Ballon

34 U.S. (9 Pet.) 156

Syllabus

Louisiana. The district court of the United States for the Eastern District of Louisiana, in conformity with the provisions of the Act of Congress of 26 May, 1824, adopted as a rule of practice in that court the regulations established by a law of Louisiana, by which, on appeal bonds, when the appellants failed in their appeal, on the coming in of the decree or judgment of the appellate court, a summary judgment on motion should be entered against principal and securities in the appeal bonds.

Under this rule, after the affirmance of a decree of the district court by the Supreme Court of the United States, and the filing of the mandate of the Supreme Court, the district court, on a motion for a rule on the security in an appeal bond to show cause why judgment should not be entered against him on the first day of the next term, and no cause being shown, entered a judgment against the security.

The party against whom the judgment was entered afterwards came into court and prayed a trial by jury, which was refused, and he prosecuted this writ of error to reverse the judgment of the district court refusing the said trial.

By the court.

"The rule of the District Court of Louisiana follows the analogy of the laws of Louisiana, being modified only so far as is proper to suit the organization of the courts of the United States, and to conform to the laws thereof. The summary judgment is therefore strictly authorized, and the party had no right to a trial by jury. In becoming a security, he submitted himself to be governed by the fixed rules which regulate the practice of the court."

An appeal was taken in the same case to a decree of the district court dissolving an injunction. Although this appeal was not before the court, the court said, the decree being only interlocutory and not final, is not the subject of an appeal.

General rules for the government of the United States Court in the Eastern District of Louisiana, in suits in that court. [See note *]

Page 34 U. S. 166

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