State ex rel. Fairex v. Judge of the Civil District Court
Supreme Court of Louisiana
.ApPLIOATION for the writ of Prohibition. 'First — The inferior oourt has power, exproprio motu, and a fortiori, upon motion of parties, to rescind an order of appeal improvidently issued, either “because the delay within which it should have been asked has elapsed, or because the case was unappealable.” 32 An. 816. Second — The inferior court is the one to try the issue of the appealableness of a case. 32 An. 141; Ibid, p. 816. • Third — A party cannot appeal if the…
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.ApPLIOATION for the writ of Prohibition. 'First — The inferior oourt has power, exproprio motu, and a fortiori, upon motion of parties, to rescind an order of appeal improvidently issued, either “because the delay within which it should have been asked has elapsed, or because the case was unappealable.” 32 An. 816. Second — The inferior court is the one to try the issue of the appealableness of a case. 32 An. 141; Ibid, p. 816. • Third — A party cannot appeal if the judgment complained of was a consent judgment. C. P. Art. 567, Ho. 1; 32 An. 141. Fourth — It is only where the consent does…
1Opinion of the Court
The opinion of the Oourt was delivered by
Bermudez, C. J.
This is an application for a prohibition.
The relatrix charges that, after granting her a suspensive appeal from a judgment of one thousand dollars on a claim for a larger amount against her, under which she furnished bond and security, as the law requires, the Judge of the District Oourt entertained a rule to rescind the order of appeal and, although the surety was proved good and solvent, made the rule absolute; and that he exceeds his jurisdiction.
In his return, the judge says, that he rescinded the order, not *928'because the surety was…
2Cited by2 opinions
- Reynolds v. EganSupreme Court of Louisiana · 1908
- Greater New Orleans Homestead Ass'n v. KornerLouisiana Court of Appeal · 1929