Denegre v. Denegre
Supreme Court of Louisiana
APPEAL from the Sixth District Court for the parish of Orleans. MgMor J. Eixst — Consent cannot confer jurisdiction. An exception to the jurisdiction of a court, ratione materiee, cannot be waived. Courts are bound ex officio to’notice the want ofjurisdiotion ratione materiee, and that, though no exception be made. O. 3?. 606, § 6, 608; 1 hT. S. 200, 703; 3 E. S. 136; 14 L. 177; 6 E. 365; 11 E. 77; 5 IT.
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APPEAL from the Sixth District Court for the parish of Orleans. MgMor J. Eixst — Consent cannot confer jurisdiction. An exception to the jurisdiction of a court, ratione materiee, cannot be waived. Courts are bound ex officio to’notice the want ofjurisdiotion ratione materiee, and that, though no exception be made. O. 3?. 606, § 6, 608; 1 hT. S. 200, 703; 3 E. S. 136; 14 L. 177; 6 E. 365; 11 E. 77; 5 IT. S. 10,11; 12 An. 829; 21 An. 235; 23 An. 210; 25 An. 510; Hermain’s Law of Estoppel, p. 356, sec. 146, p. 166. Second — Where an exception to the jurisdiction ratione materiee was made at the…
1Opinion of the Court
The opinion of the Court was delivered by
Bermudez, C. J.
This is an action to annul a judgment rendered in 1876 by the Supreme Court of the State, by which the judgment of the Second District Court for the parish of Orleans, in favor of the defendants, was reversed and a judgment rendered in favor of the plaintiff in the ease.
The defendant in that suit is the plaintiff in the present one.
■ The grounds of nullity are: want of citation, want of proper parties, want of jurisdiction ratione materice, and incorrectness of the judgment.
The suit in which the judgment attacked was rendered, was…
2Cited by2 opinions
- Succession of WilliamsSupreme Court of Louisiana · 1929
- Succession of LeroySupreme Court of Louisiana · 1927