Key v. McCall
Supreme Court of Louisiana
Appeal from Fourth Judicial District Court, Parish of Union; Robert Brooks Dawkins, Judge. Action between W. L. Key and R. F. McCall and others. From a judgment for the former, the latter appeals. On motion to dismiss.
1Opinion of the Court
On Motion to Dismiss.
PROYOSTY, J.
The judgment appealed from decrees a partition, and orders a sale to be made to effect the partition, and orders *979$850 to be paid to defendant out of tbe proceeds of the sale. Plaintiff and appellee has moved to dismiss the appeal on the ground that defendant has acquiesced in the judgment. Attached to the motion are duly certified documents showing that the judgment has been executed, the sale made, and the $350 paid to defendant and appellant. The latter cannot, and does not, gainsay his acquiescence in the judgment; but contends that. the motion to dismiss…
2Cases cited1 opinion
- Saxon v. Southwestern Brick & Tile Mfg. Co.Supreme Court of Louisiana · 1904
3Cited by1 opinion
- Greater New Orleans Homestead Ass'n v. KornerLouisiana Court of Appeal · 1929