No. 18307. Precedential Processed

Raziano v. Clancy

Louisiana Court of Appeal, First Circuit · Filed January 14, 1946 · 24 So. 2d 402

Also decided on this docket: La. Ct. App. 5th Cir., November 26, 1945 23 So. 2d 776

Cited by

Stein v. American Employers' Insurance 216 So. 2d 405 La. Ct. App. 1st Cir. 1968
Green v. Harper 103 So. 2d 474 La. Ct. App. 1st Cir. 1958
Kimbrell v. Travelers Insurance Co. 83 So. 2d 561 La. Ct. App. 1st Cir. 1955
Blanchard v. Pittsburgh-Des Moines Steel Co. 59 So. 2d 384 La. Ct. App. 1st Cir. 1952
Morgan v. American Bitumuls Co. 47 So. 2d 739 La. 1950
Weber v. Kieckhefer Container Co. 45 So. 2d 562 La. Ct. App. 1st Cir. 1950
Young v. Central Surety Insurance Corporation 41 So. 2d 700 La. Ct. App. 2d Cir. 1949
Boulanger v. Liberty Mut. Ins. Co. 31 So. 2d 888 La. Ct. App. 1st Cir. 1947
Guillot v. Weaver Brothers Thompson Lumber Co. 31 So. 2d 278 La. Ct. App. 1st Cir. 1947
De Kerlegand v. Car General Ins. Corporation 30 So. 2d 881 La. Ct. App. 1st Cir. 1947
Washington v. Independent Ice & Cold Storage Co. 30 So. 2d 758 La. 1947
Mitchell v. T. J. Moss Tie Co. 27 So. 2d 385 La. Ct. App. 1st Cir. 1946

Opinion text

In an application for rehearing counsel for Frank J. Clancy contend that there is error in our opinion and decree in that we did not allow to Mr. Clancy interest on the amount which he will be entitled to recover from Mrs. Evans, whereas we did allow interest in favor of plaintiff, Raziano, against Clancy. We were well aware of the fact that in the judgment which we affirmed plaintiff was awarded interest against Clancy whereas Clancy was not awarded interest against Mrs. Evans, but we noticed that Clancy had not appealed from that part of the judgment which was in his favor and against Mrs. Evans nor did he answer the appeal taken by Mrs. Evans. His appeal was limited solely to the judgment which was in favor of Raziano and against him. It was therefore not within our power to amend the judgment against Mrs. Evans in his favor since his appeal did not include a demand that such an amendment in his favor be made. Both applications for rehearing are refused.