Murray v. Succession of Spencer
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Ellis, J. A judgment is not a consent judgment because the case is submitted to the court for adjudication without argument. A judgment is rendered upon^the issues as they appear from the pleadings and upon the pleadings alone. A judgment must be considered valid and binding until reversed or set aside in a prope ’ proceed'ng; no collateral attack is permissible.
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APPEAL from the Civil District Court for the Parish of Orleans. Ellis, J. A judgment is not a consent judgment because the case is submitted to the court for adjudication without argument. A judgment is rendered upon^the issues as they appear from the pleadings and upon the pleadings alone. A judgment must be considered valid and binding until reversed or set aside in a prope ’ proceed'ng; no collateral attack is permissible. Kent vs. Brown et al., 38 An. 802; 36 An. 533, 831; Succession of Keller, 39 An. 579; 32 An. 896. An appeal lies from any judgment for the term of one year from date of…
1Opinion of the Court
The opinion of the court was deliver.- d by
Nicholls, C. J.
Plaintiffs represent that Fred. Zengel is a notary public in and for the parish of Orleans, and was such on the 29th of December, 1888, at which time he received the last will and testament of Robert H. Short, who formerly resided in New Orleans and died on the 11th of August, 1890, in which said will the said deceased gave and bequeathed to Mrs. Virginia T. Murray, widow of Joel T. Murray, or her heirs in case he survived her, the sum of three thousand dollars.
That on the 2 2d of May, -1890, and before the death of Robert H. Short,…
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