Donovan v. Owen
Supreme Court of Louisiana
PPEAL from the Eourth District Court of New Orleans, Reynolds, J. If parties agree to leave a case to be decided to persons whose report shall be the judgment of the court, no formalities nor oath required ; Taloott v. Ma-Ribben, 2 Martin, R. 804. Though that case was decided under the old code, yet its provisions were the same as in the new code ; see old Code, page 442, Articles 12 and 13, -which required oath from amicable compounders.
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PPEAL from the Eourth District Court of New Orleans, Reynolds, J. If parties agree to leave a case to be decided to persons whose report shall be the judgment of the court, no formalities nor oath required ; Taloott v. Ma-Ribben, 2 Martin, R. 804. Though that case was decided under the old code, yet its provisions were the same as in the new code ; see old Code, page 442, Articles 12 and 13, -which required oath from amicable compounders. Where referees are chosen by the parties without any rule of court, the court will not attend to any application to set aside the award; 1st Johns. Rep.,…
1Opinion
Durant & Hornor,
for a re-hearing.
The counsel for D. T. Donovan, plaintiff and appellee, asks for a re-hearing on so much of the judgment of this court rendered herein on yesterday, 7 May, as goes to decide that an appeal lies from a discontinuance.
The case of syndics of Brunett v. Shaumburg, 1 N. S., 098, may indeed be taken as a true exposition of the practice of the state before our present code of practice was introduced, and it says: “The order is a judgment which is final in the suit; for it puts an end to it as a judgment of non-suit.” The law, however, has since been changed. The O.…
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- Moreau v. MitaudSupreme Court of Louisiana · 1844