Bennett v. Her Creditors
Also decided on this docket: La. Ct. App. 1st Cir., October 27, 1964 168 So. 2d 409; La. Ct. App. 1st Cir., February 3, 1964 160 So. 2d 830; La., July 15, 1886 38 La. Ann. 732; La., April 15, 1867 70 La. Ann. 161
Bennett v. Her Creditors, 45 La. Ann. 1019 (1893).
Opinion text
On Motion to Dismiss Appeal. The opinion of the court was delivered by McEneey, J. The appellants obtained two orders of appeal in open court from the judgment — one to the Circuit Court of Appeals and the other to this court. They were applied for and obtained at the same time. The appeal to the Circuit Court of Appeals was prosecuted and dismissed for want of jurisdiction, after which this appeal was prosecuted. The first appeal prosecuted was a nullity, and the second valid and legal. It was in force and could be prosecuted in accordance with the order granting it. Because the other order obtained at the same time for an appeal was null and void it could not affect the order of appeal made returnable to this court. The motion to dismiss the appeal is therefore denied. '