Boggs v. Hays
Supreme Court of Louisiana
APPEAL from tbe Seventh District Court, Parish of Franklin. Ellis, J. On Motion to Dismiss. The averment of interest by a third party who appeals from a judgment rendered between other parties is insufficient to authorize an appeal where such third person failed to allege and provein the court below his right todo so; and that there is error therein to his prejudice. Fazende vs. Flood, 24 An. 426 and cases; Succession of Allen, 10 An.
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APPEAL from tbe Seventh District Court, Parish of Franklin. Ellis, J. On Motion to Dismiss. The averment of interest by a third party who appeals from a judgment rendered between other parties is insufficient to authorize an appeal where such third person failed to allege and provein the court below his right todo so; and that there is error therein to his prejudice. Fazende vs. Flood, 24 An. 426 and cases; Succession of Allen, 10 An. So. 304; 43 An. 1071. A third party can not appeal when his interest is denied, and he does not allege specially in what his interest consists and that his…
1Opinion of the Court
Motion to Dismiss.
The opinion of the court was delivered by
McEnery, J.
The plaintiffs sued the defendants to annul a donation of certain immovable property made by Mrs. Mary Rees to David Hays. There was judgment for the plaintiffs. The defendants. have not appealed.
*861Ohaffe & Powell applied for and obtained an order for a devolutive appeal from said judgment.
On their petition they aver “that the judgment rendered in said suit decreed the nullity of the sale of said property described in the-petition, and alleged therein to be worth the sum of $3000. They aver that they hold the notes secured by…
2Cited by1 opinion
- Frellsen v. Strader Cypress Co.Supreme Court of Louisiana · 1903