Executors of Bird v. Bird
Also decided on this docket: La. Ct. App. 3d Cir., November 2, 1970 240 So. 2d 417; La. Ct. App. 1st Cir., January 31, 1950 44 So. 2d 127; La. Ct. App. 5th Cir., December 2, 1968 216 So. 2d 604; La. Ct. App. 1st Cir., June 28, 1928 8 La. App. 806; La. Ct. App. 1st Cir., February 3, 1928 8 La. App. 18
Executors of Bird v. Bird, 23 La. Ann. 262 (1871).
Cited by
- Mojonnier v. Oppenheimer 159 So. 134 La. Ct. App. 4th Cir. 1935
- Dares v. O'Donnell 151 So. 774 La. Ct. App. 1st Cir. 1934
- Willis v. Deck 133 So. 464 La. Ct. App. 1st Cir. 1931
- Franke v. Shaw 97 So. 793 La. 1923
- Hanchey v. St. Louis, I. M. & S. Ry. Co. 65 So. 487 La. 1914
Opinion text
Wyly, J. We discover in the record two judgments; one rendered ■on the thirteenth and signed on the twenty-third December, 1869; the other appears to have been rendered on the nineteenth day of December, 1870, and was not signed. The parties have filed an agreement, in which they state that the appeal herein is from the judgment of the nineteenth December, 1870, and they agree that this shall be considered the true and bona fide judgment appealed from, and for which the appeal bond was given; that the judgment of thirteenth December, 1869, was signed through error on the twenty-third of the same month, it having been at the time set aside. We can not revise the judgment of the court of the nineteentn December, 1870, notwithstanding the consent of the parties, because not being signed it was incomplete. The signature of the judge was essential, and the agreement of the parties can not supply the deficieny. It is therefore ordered that the appeal herein be dismissed at the costs of the appellant.