No. 3798 Precedential Dismissed Processed

Hicks v. Lowery

Louisiana Court of Appeal, First Circuit · Filed June 2, 1930 · 128 So. 540

Also decided on this docket: La. Ct. App. 1st Cir., April 19, 1972 261 So. 2d 292; La. Ct. App. 1st Cir., May 31, 1954 71 So. 2d 625

Cited by

Distinguished in 1

Barnett v. Jabusch 607 So. 2d 1007 La. Ct. App. 3d Cir. 1992
Plunkett v. Reeves Apothecary, Inc. 351 So. 2d 867 La. Ct. App. 2d Cir. 1977
Ingram Corporation v. Circle, Incorporated 188 So. 2d 96 La. Ct. App. 4th Cir. 1966
Leonard v. Lavigne 153 So. 2d 544 La. Ct. App. 1st Cir. 1963
Belvin v. Sikes 2 So. 2d 65 La. Ct. App. 1st Cir. 1941
Railway Audit & Inspection Co. v. Pendleton 142 So. 781 La. 1932

Authorities cited

Identified automatically; this list may not be exhaustive.

Trimble v. Chavis 123 So. 513
Ouachita Nat. Bank v. Shell Beach Const. Co. 154 La. 709
Gouaux v. Lockport Central Sugar Refining Co. 156 La. 889
State v. Foster 101 So. 255
Jones v. Bouanchaud 158 La. 27

Opinion text

ON MOTION TO DISMISS APPEAL ODOM, J. Defendant appealed devolutively from an order of seizure and sale under executory process. Appellee has moved to dismiss the appeal on the ground that the writ has been executed and the mortgaged property sold. In the case of Trimble vs. Chavis, 11 La. App. 208 , 123 So. 513, 514 , we said: “Inasmuch as the mortgage has already been foreclosed, the writ executed, and the property sold, this devolutive appeal can avail appellant nothing. She is without interest to prosecute it further. If this court should reverse the judgment appealed from, it would not have the effect of undoing that which has been done — that is, of annulling the sale of the mortgaged property already made. Ouachita Nat. Bank v. Shell Beach Construction Co., 154 La. 709 , 98 So. 160 ; Gouaux v. Lockport Central Sugar Ref. Co., Ltd., 156 La. 889 , 101 So. 255 ; Jones et ux v. Bouanchaud, Sheriff, et al., 158 La. 27 , 103 So. 393 . “There are only two methods by which a defendant in executory proceedings can stay the execution of a writ; one is to appeal suspensively and give bond, and the other is to enjoin the sale, setting up the grounds for relief. D.efendant did not take a suspensive appeal, but asked for and was granted a devolutive appeal. * * *” It is therefore ordered that the appeal be dismissed, at appellant’s cost.