Chedoteau's Heirs v. Dominguez
Supreme Court of Louisiana
Appeal from the court of the second district. The plaintiffs claimed an undivided half of a tract of land, Which they a Hedged to have been, at the death of their father, the common property of their parents.
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Appeal from the court of the second district. The plaintiffs claimed an undivided half of a tract of land, Which they a Hedged to have been, at the death of their father, the common property of their parents. The defendant pleaded the general issue, expressly denying that the plaintiffs’ father had any title to the land ; alleging that, if he had, a,t. his death, it became the property of the widow, according to law ; thav.be. bought it of hep, and ope of the plaintiffs,, attested the bill of sale, as a witness ; (hat he had been in quiet possession since 1S16, and the plaintiffs have,…
1Opinion of the CourtMartin, J.
The plaintiffs’ counsel contends that the judgment, in this case, was not. appealable from, and that they had a right to demand a nonsuit. These positions are denied by the defendant, who contends that judgment ought to have been rendered for him.
There is not any statement of facts, but the defendant has assigned error on the face of the record.
A judgment of nonsuit may be appealed from ; for it is final, not indeed as to matter in controversy, but as to the suit, to which it puts an end. In the act of 1313 the word final is *520used in contradistinction with 'the word interlock tory. .…
2Cited by1 opinion
- Dehart v. BerthoudSupreme Court of Louisiana · 1820