Cooley v. Seymour
Supreme Court of Louisiana
APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. ' ' This is an action to recover from the defendant, the value of improvements made on a large tract of land, from which the plaintiff was evicted, which he alleges are worth three thousand dollars; that the defendant resides in England and has no known agent in this country, and no curator has been appointed to administer his property here.
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APPEAL FROM THE COURT OF THE FOURTH JUDICIAL DISTRICT, THE JUDGE THEREOF PRESIDING. ' ' This is an action to recover from the defendant, the value of improvements made on a large tract of land, from which the plaintiff was evicted, which he alleges are worth three thousand dollars; that the defendant resides in England and has no known agent in this country, and no curator has been appointed to administer his property here. He prays that a curator ad hoc be appointed to defend said absentee, and that he have judgment, &c. Charles Poydras, a member of the bar, was appointed curator ad hoc, who…
1Opinion of the CourtMartin, J.
In this case a motion is made to dismiss the appeal. Its dismissal is prayed for on the ground that it was taken more than two years after the judgment was rendered, and for want of a legal service of the citation. . ■
It is true, more than two years had elapsed after the judgment appealed from was rendered, before the appeal was taken, but two years had not expired after judgment was signed, until the appeal'was granted. A judgment is inchoate only, and no appeal lies from it until it is made perfect by receiving the signature of the judge. No prescription runs against a party before he has…
2Cited by5 opinions
- Hamburger v. PurcellSupreme Court of Louisiana · 1916
- Jefferson v. StringfellowSupreme Court of Louisiana · 1920
- Beaumont v. CovingtonSupreme Court of Louisiana · 1843
- Rule of Byrne v. CassardSupreme Court of Louisiana · 1886
- Succession of WatersSupreme Court of Louisiana · 1857