Torres v. Falgoust
Also decided on this docket: La. Ct. App. 1st Cir., December 21, 1970 243 So. 2d 536; La. Ct. App. 1st Cir., December 1, 1954 79 So. 2d 415; La. Ct. App. 3d Cir., May 27, 1981 401 So. 2d 1224
Torres v. Falgoust, 33 La. Ann. 560 (1881).
Cited by
- Police Jury of St. Martin Parish v. Kidder 4 La. App. 296 La. Ct. App. 3d Cir. 1925
- Vicksburg, S. & P. Ry. Co. v. Webster Sand, Gravel & Construction Co. 62 So. 140 La. 1913
- Sheridan v. Reese 46 So. 218 La. 1908
- State ex rel. Honey Island Land & Timber Co. v. King 35 So. 181 La. 1903
Opinion text
On Motion to Dismiss. The opinion of the Court was delivered by Fenner, J. Appellee moves to dismiss this appeal on the grounds:. 1st. That the appeal was taken by motion in open court and without citation. The interlocutory judgment appealed from, though rendered at chambers, was so rendered during a term of the court and at the instance of appellee, and the appeal was taken at the same term. *561 We find nothing in the circumstance that the judgment was rendered at chambers to exempt the case from the operation of article 574 C. P., authorizing appeal by motion, if taken at the same term. 2d. That there is no legal order of appeal in the record. This .objection is not sustained by the transcript, which presents the motion and order of appeal with the statement by the clerk that it is “ entered verbatim, et literatim in the minutes of November 6th, 1880.” We must assume that such entry exists, and that the minutes, which contain only the record of proceedings in open court, are evidence that the motion and order were made in open court and are legal.