State ex rel. Stewart v. Reid
Supreme Court of Louisiana
Appeal from Fifteenth Judicial District Court, Parish of Calcasieu; John Bachman Lee, Judge. Action by the state, on the relation of Morris R. Stewart, acting district attorney,. against David J. Reid. Judgment for defendant, and plaintiff appeals.
1Opinion of the CourtProvosty, J.
Defendant moves to dismiss the appeal on several grounds, which we shall take up and dispose of seriatim.
First. That all the parties to the judgment have not been made parties to the appeal. The parties left out of the appeal are the citizens at whose request the district attorney brought the suit, and whom, although not named in the petition as parties to the suit, the lower court condemned to pay the costs. The judgment, in so far as thus rendered against persons not parties to the suit, i-s, of course, not worth the paper it is written on, and cannot affect the right of the state to appeal…
2Cases cited2 opinions
- Succession of BeguéSupreme Court of Louisiana · 1904
- Succession of TownsendSupreme Court of Louisiana · 1884
3Cited by5 opinions
- State v. DotySupreme Court of Louisiana · 1925
- Miller v. Vivian Oil Co.Supreme Court of Louisiana · 1912
- State ex rel. Stewart v. ReidSupreme Court of Louisiana · 1908
- State ex rel. McKeithen v. OursoLouisiana Court of Appeal · 1968
- State ex rel. Stewart v. ReidSupreme Court of Louisiana · 1907