No. 22885 Precedential Motion by opponent to dismiss appeals overruled, and judgment amended to relieve executrix from further accounting, fixing the c Processed

Succession of Ibos

Louisiana Supreme Court · Filed January 28, 1918 · 81 So. 326

Cited by

Wicker v. U. S. Fidelity & Guaranty Insurance 205 So. 2d 175 La. Ct. App. 1st Cir. 1967
Vivian State Bank v. Holcomb 127 So. 410 La. Ct. App. 1st Cir. 1930

Authorities cited

Identified automatically; this list may not be exhaustive.

20 La. Ann. 499 not in our corpus
Orleans & J. Ry. Co. v. International Const. Co. 113 La. 409

Opinion text

PROVO STY, J. [1] The judgment appealed from was signed at a term of court subsequent to that at which it was rendered and written; and the appeal was taken at this subsequent term, after signature. It was taken by motion in open court; and there was no citation of the appellee, other than that resulting from the provision of the Code of Practice to the effect that, when the appeal is taken “by motion in open court at the same term at which the judgment was rendered, * * * no citation of appeal, or other notice to appellee, shall be necessary.” Articles 573 and 574. The question is whether the appeal is to be considered as having been taken at the same term at which the judgment was rendered. We think so. A judgment is not considered as rendered and appealable until it has *815 been signed. Thiele v. Crutcher, 20 La. Ann. 499 ; Orleans, etc., v. International, etc., 113 La. 409 , 37 South. 10 . Motion overruled.