Scherr Manufacturing Co. v. American Union Fire Insurance

His Honor, EMILE GODCHAUX,

rendered the opinion and decree of the Court, as follows:

In Bottazzi vs. American Union Fire Insurance Company, No. 5982, of our docket, this day decided, we held:

“An appeal from a judgment in plaintiff’s favor against defendant, upon the main demand, does not constitute an appeal from a separate and distinct judgment, rendered prior thereto, dismissing an intervention.

“The correctness of a judgment upon a main demand from which third persons appeal must be tested *132upon the facts pleaded and proved prior to its rendition and cannot be made to hinge upon an allegation,…