New Orleans City Railroad v. Crescent City Railroad
Supreme Court of Louisiana
APPEAL from the Civil District Court, parish of Orleans. Monroe, J. A party who acquiesces in a judgment rendered against him hy voluntarily executing the same cannot appeal therefrom. C. P. 567. This Court will take judicial notice in an especial manner of the course of proceeding, the decision and: the jurisprudence of the Circuit Court of the United States for the Fifth Judicial Circuit, District of Louisiana.
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APPEAL from the Civil District Court, parish of Orleans. Monroe, J. A party who acquiesces in a judgment rendered against him hy voluntarily executing the same cannot appeal therefrom. C. P. 567. This Court will take judicial notice in an especial manner of the course of proceeding, the decision and: the jurisprudence of the Circuit Court of the United States for the Fifth Judicial Circuit, District of Louisiana. First — The Supreme Court will consider original evidence when all parties consent. 3 An. 115; 28 An. 274. Second — The doctrine of acquiescence is not applicable to the decrees or…
1Opinion of the Court
Motion to Dismiss.
The opinion of the Court was delivered by
Poché, J.
Appellee moves to dismiss the present appeal on the ground that appellant has acquiesced in the judgment appealed from. The appeal is taken from a decree, rendered on plaintiff’s petition, ordering the removal of the cause to the United States Circuit Court.
Appellee charges that appellant has acquiesced in the judgment of removal by voluntarily appearing before the Circuit Court, and filing therein, and arguing by counsel, a motion to dissolve an injunction previously rendered in favor of plaintiff by the Civil District…
2Cited by3 opinions
- Dannenmann v. CharltonSupreme Court of Louisiana · 1903
- Ponder v. PechonLouisiana Court of Appeal · 1964
- Fournet v. De v. LbissSupreme Court of Louisiana · 1937