Summary

Portrait of William Burnham Woods William Burnham Woods Marchand v. Frellsen — Opinion of the Court

It is not disputed that the subject-matter of the proceedings in the Fifth District Court was within its jurisdiction, and that the parties were before it. Its proceedings, therefore, however erroneous, cannot be null and void. In passing upon this point it is only necessary to apply the rule laid down by this court as an axiom of the law, that the validity of a judgment cannot be questioned collaterally for errors which do not affect the jurisdiction of the court which rendered it.
Source: Wikisource

Portrait of William Burnham Woods William Burnham Woods Marchand v. Frellsen — Opinion of the Court

If, as decided by the Supreme Court of Louisiana, the appealbond in such cases is a security for the payment of the notes on which the application for the order of seizure and sale is based, it is plain that the satisfaction of a bond for an appeal on one note cannot be a satisfaction of another bond for another appeal on a different note. Each note is a separate cause of action, and the satisfaction of one does not necessarily imply the satisfaction of another.
Source: Wikisource

Portrait of William Burnham Woods William Burnham Woods Marchand v. Frellsen — Opinion of the Court

In the appeal-bond it must be set forth in substance that it is given as security that the appellant shall prosecute his appeal, and that he shall satisfy whatever judgment may be rendered against him, or that the same shall be satisfied by the proceeds of the sale of his estate, real or personal, if he be cast in his appeal, otherwise, that the surety shall be liable in his place.'
It is evident from an inspection of the bond, which is the basis of this suit, that it was given under these articles.
Source: Wikisource

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