cl-7272006
Precedential
Remanded
Processed
Braunsdorff v. Fay
Braunsdorff v. Fay, 18 La. Ann. 187 (1866).
Cited by
- Juzan-Nicholas v. Fidelity & Deposit Co. of Maryland 159 So. 400 La. Ct. App. 1st Cir. 1935
- Milliken & Farwell v. Taft Mercantile Co. 7 La. App. 150 La. Ct. App. 1st Cir. 1927
- Parks v. Hughes 103 So. 261 La. 1925
- Lurie v. Titcomb 71 So. 200 La. 1916
Opinion text
Hxman, C. J. Defendants are appellants from a final judgment rendered against them in this suit. No issue was joined between the parties, by appearance or answer of defendants, or by judgment by default taken against them. From the evidence, it appears that defendants are indebted to plaintiff; but, as the cause is not at issue, no judgment can be given. Before a cause is at issue, either expressly or tacitly, a final judgment cannot be validly rendered. See 7 N. S. 287. It is therefore decreed that the judgment of the District Court be avoided and reversed, that plaintiff pay the costs of appeal, and that the case be remanded to said Court for further proceedings. HowEnn, J., recused.