Smith v. Vanhille
Supreme Court of Louisiana
WesternDist. APPEAL FROM THE COURT OF THE FIFTH JUDICIAL DISTRICT, FOR THE TARISH OF ST. LANDRY, THE JUDGE THEREOF PRESIDING, This case came up on a second appeal. It was dismissed at the last term of this court, on the ground of the insufficiency of the appeal bond.
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WesternDist. APPEAL FROM THE COURT OF THE FIFTH JUDICIAL DISTRICT, FOR THE TARISH OF ST. LANDRY, THE JUDGE THEREOF PRESIDING, This case came up on a second appeal. It was dismissed at the last term of this court, on the ground of the insufficiency of the appeal bond. See 10 Louisiana Reports, 252. The judgment appealed from was rendered the 30th May, 1836, and the present appeal was granted the 13th May, 1837. A motion was filed the first day of the court, by the counsel for the defendants and appellees, to dismiss the appeal, because two appeals should be taken in the same case. This is an…
1Opinion of the CourtMartin, J.
The question whether a new appeal may be resorted to, when the appellee has obtained the dismissal of the former one, is now, for the first time, presented for our decision.
The right of appeal is constitutional, and it is neither our duty nor inclination to impede or obstruct its exercise. In the courts of the first instance, the dismissal of a suit, even by the plaintiff, is not a bar to a new one for the same cause of action. Reasoning by analogy, the conclusions should, perhaps, be the same in appellate courts. The Code of Practice, however, prohibits a second appeal when the appellant, by…
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- Verges v. GonzalesSupreme Court of Louisiana · 1881
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