Williams v. Harmanson
Supreme Court of Louisiana
APPEAL from the Twelfth District Court, Parish of Avoyelles. Goeo, J. In possessory action, the defendant is not allowod to attack the title of plaintiff, nor establish it in himself — Kemplo vs. Hulick, 16 D. 44; Dra/ier vs. Hardee, 21 Ann. 541 — for Article 55, C. P., forbids the cumulation of petitory and possessory actions, except by consent of parties — St. Armand vs. Dong, 25 Ann. 166; — but plaintiff must allege title to show in what capacity he claims possession. 16…
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APPEAL from the Twelfth District Court, Parish of Avoyelles. Goeo, J. In possessory action, the defendant is not allowod to attack the title of plaintiff, nor establish it in himself — Kemplo vs. Hulick, 16 D. 44; Dra/ier vs. Hardee, 21 Ann. 541 — for Article 55, C. P., forbids the cumulation of petitory and possessory actions, except by consent of parties — St. Armand vs. Dong, 25 Ann. 166; — but plaintiff must allege title to show in what capacity he claims possession. 16 D. 45. He must show the right to possess as owner or usufructuary. 2 Ann. 749; 2 L. 227; O. P. 46 to 53, inclusive. It…
1Opinion of the Court
Tlie opinion of tlie Court was delivered by
Fenner, J.
Tlie motion to dismiss this appeal lias no merit. Tlie record clearly establishes that the appellants made due and formal application for an order of appeal which was duly granted. The clerk having failed to enter the order oh his minutes, application was made to the judge, on notice to the appellees, to have tlie minptes corrected and the entiy of the order incorporated .therein, which application was granted by the judge.
As tlie order had been granted on the last day of term, application was properly made to the judge at chambers, and lie…
2Cited by19 opinions
- Loeblich v. GarnierLouisiana Court of Appeal · 1959
- Rhodes v. CollierSupreme Court of Louisiana · 1949
- LaFleur v. SylvesterLouisiana Court of Appeal · 1961
- Bruning v. City of New OrleansSupreme Court of Louisiana · 1926
- Brewster v. HewesSupreme Court of Louisiana · 1904
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