Legal Opinion

Harris v. Stockett

Supreme Court of Louisiana

Decided March 15, 1883No. 8787PublishedCited by 6 opinions

APPEAL from the Fifteenth District Court, Parish of Pointe Coupée. Yoist, J. An interlocutory order, not clothed with the forms of a final judgment and not signed by the Judge, cannot he appealed from. C. P. 566 5 20 An. 490, 583; State ex rel. Herd vs. Judge 8th Diet., East Carroll, not reported. An interlocutory judgment can be appealed only when such judgment may cause an “irreparable injury.”

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APPEAL from the Fifteenth District Court, Parish of Pointe Coupée. Yoist, J. An interlocutory order, not clothed with the forms of a final judgment and not signed by the Judge, cannot he appealed from. C. P. 566 5 20 An. 490, 583; State ex rel. Herd vs. Judge 8th Diet., East Carroll, not reported. An interlocutory judgment can be appealed only when such judgment may cause an “irreparable injury.” C. P. 566 ; 15 An. 336; 21 An. 634. When defendant has confessed, or judicially admitted the demand of plaintiff, cannot appeal. C. P. 567; 20 An. 137. Supreme Court is without jurisdiction to try a…

1Opinion of the Court

On Motion to Dismiss.

The opinion of the Court was delivered by

Pociié, J.

This ease comes to us on two separate appeals taken by the defendant in a petitory action brought against her for the recovery of a plantation alleged to be illegally in her possession.

Her first appeal was taken from an interlocutory order or decree sustaining a motion of plaintiff to strike out of her answer a large recouventional demand, on the ground that the acts and dealings *388making the foundation of her demand were transactions of hers with two distinct commercial firms of which plaintiff had in turn been a member,…

2Cited by6 opinions

  1. Bossier's Heirs v. Hollingsworth & JacksonSupreme Court of Louisiana · 1906
  2. Frierson v. CooperSupreme Court of Louisiana · 1940
  3. Matte v. Continental Casualty CompanyLouisiana Court of Appeal · 1966
  4. Saint v. MartelSupreme Court of Louisiana · 1909
  5. Simeon v. Board of Levee Com'rsLouisiana Court of Appeal · 1929

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