Ouachita Nat. Bank v. Shell Beach Const. Co.
Ouachita Nat. Bank v. Shell Beach Const. Co., 98 So. 160 (La. 1920).
Cited by
- Fayard v. Celestan 227 So. 2d 795 La. Ct. App. 1st Cir. 1969
- Hibernia National Bank in New Orleans v. Mary 174 So. 2d 200 La. Ct. App. 1st Cir. 1965
- General Motors Acceptance Corp. v. Kroger 136 So. 2d 402 La. Ct. App. 1st Cir. 1961
- Haydel v. Frellsen 79 So. 2d 399 La. Ct. App. 4th Cir. 1955
- Ripp v. Perrault 39 So. 2d 362 La. Ct. App. 1st Cir. 1949
- Walters v. Childers 38 So. 2d 160 La. 1948
- Pettingill v. Hills, Inc. 6 So. 2d 660 La. 1942
- Blappert v. Pagluighi 192 So. 135 La. Ct. App. 1st Cir. 1939
- Security Banking Co. v. Maddox 178 So. 653 La. Ct. App. 1st Cir. 1938
- Tilly v. Woodham 166 So. 876 La. Ct. App. 1st Cir. 1936
- Succession of Levins 167 So. 454 La. 1936
- Miller v. People's Homestead & Savings Ass'n 161 So. 656 La. Ct. App. 1st Cir. 1935
Opinion text
On Motion to Dismiss Appeal. SOMMERVILLE, J. The plaintiff and appellee moves to dismiss the devolutive appeal taken by defendant in this cause, which is an executory proceeding, on the ground that the defendant is without interest. The plaintiff set forth that it proceeded against the defendant and the property formerly owned by it under executory process, as it had a right to do, although defendant had long since parted with title and possession of the property, and that, after executory process had issued, the defendant sued out an injunction to prevent further proceedings, which injunction was dissolved at defendant’s cost; that no appeal was taken from that judgment, and the property has been sold in the proceeding. The defendant evidently had sufficient interest in the suit for plaintiff to have made it a defendant in the cause, and the court cannot say at this time that it is not interested in appealing from the order directing that its property be sold. The Constitution gives to all persons against whom judgments are rendered the right of appeal; and this court cannot take it from them. Defendant is not alleged to have acquiesced in the judgment appealed from. The motion to' dismiss the appeal is denied. . PROVOSTY and O’NIELL, JJ., dissent, and O’NIELL, J., will hand down reasons.