Williams' Heirs v. Zengel
Supreme Court of Louisiana
Appeal from Civil District Court, Parish of Orleans; George Henry Théard, Judge. Action by the heirs of Henry T. Williams and others against Prank Zengel, curator and individually. Judgment for plaintiffs, and defendant appeals.
1Opinion of the CourtProvostt, J.
This is an appeal taken by the defendant in the case of same title this day decided. The object of taking it was to supply the place of the answer filed to the other appeal in case the motion to strike out that answer should be sustained. But the motion was overruled, and as a result this appeal became functus officio; all the issues involved in it having been passed on.
*615For determining, however, the liability for the costs of the appeal, it becomes necessary to pass on the motion to dismiss.
The motion is based on the following article (889) of the Code of Practice, to wit:
“But if the…
2Cases cited4 opinions
- Levy v. CollinsSupreme Court of Louisiana · 1880
- State ex rel. Irwin v. Judge of Division E, Civil District Court, Parish of OrleansSupreme Court of Louisiana · 1884
- Succession of PomeroySupreme Court of Louisiana · 1870
- Cary v. RichardsonSupreme Court of Louisiana · 1880
3Cited by1 opinion
- Egan v. Hotel Grunewald Co.Supreme Court of Louisiana · 1910