Daly v. Brock
Daly v. Brock, 63 So. 318 (La. 1913).
Cited by
- Goldking Properties Co. v. Primeaux 477 So. 2d 76 La. 1985
- D'Arbonne Sewerage, Inc. v. Sanders 255 So. 2d 855 La. Ct. App. 1st Cir. 1971
- Choctaw Home Builders, Inc. v. Lena, Inc. 213 So. 2d 339 La. Ct. App. 1st Cir. 1968
- Treigle v. Cole 131 So. 2d 850 La. Ct. App. 4th Cir. 1961
- Scurria v. Russo 115 So. 2d 643 La. Ct. App. 1st Cir. 1959
- Riccobono v. Kearney 114 So. 707 La. 1927
- Denny v. Jefferson Const. Co. 114 So. 650 La. 1927
Authorities cited
Identified automatically; this list may not be exhaustive.
- Cluseau v. Wagner 126 La. 375
- Dannenmann v. Charlton 113 La. 276
Opinion text
On Rule. MONROE, J. [1] Plaintiff obtained a moneyed judgment against defendant, from which defendant perfected a suspensive appeal to this court, the transcript having been lodged here in July, 1912. He now appears, alleging that the judgment appealed from has- been inscribed in the mortgage office, and operates to prevent his disposing of certain real estate of which he is the owner; and he has ruled the plaintiff and the recorder of mortgages to show cause why the inscription should not be canceled. The recorder admits that the judgment is inscribed, as alleged, but disclaims any personal interest in the matter. Plaintiff admits that it was he who caused the inscription, and alleges that it was done before the appeal was taken. The right of a defendant to have such an inscription canceled, and the jurisdiction of this court to order the cancellation, in a case here pending on appeal, have already been considered and maintained. Cluseau v. Wagner, 126 La. 375 , 52 South. 547 ; Dannenmann v. Charlton, 113 La. 276 , 36 South. 965 . Let the rule be made absolute; the recorder directed to cancel the inscription complained of, and S. J. Daly, the plaintiff in the suit, pay the costs of the cancellation and of this proceeding.