State ex rel. Dixon v. Judge of the Fifth District Court
Supreme Court of Louisiana
Application for a mandamus the of the Fifth District Court, parish of Orleans. The judgment was rendered on the twenty-fifth of June. It was signed on the tenth of July.
1Opinion of the CourtMorgan, J.
Belator, on the opening of the court in November, asked the judge to sign the judgment again, which he refused to do.
^ This rule >is taken upon him to show cause why he should not be ordered to do so. He has made no answer.
The judgment having been signed in vacation is, under the authority of Hernandez v. James, 25 An. 483, no judgment. Being no judgment, no appeal could be taken from it. Belator had the right to see that the judgment of which he complains should be regularly signed.
The rule is made absolute.
2Cited by11 opinions
- James v. St. Charles Hotel Co.Supreme Court of Louisiana · 1919
- River & Rails Terminals, Inc. v. Louisiana Ry. & Nav. Co.Supreme Court of Louisiana · 1925
- Succession of SavoieSupreme Court of Louisiana · 1940
- Mossler Acceptance Co. v. MoliereLouisiana Court of Appeal · 1938
- Green v. FrederickLouisiana Court of Appeal · 1931
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