Vigo v. Carlon

ON Motion to Dismiss.

The opinion of the court was delivered by

Wyley, J.

The plaintiff having cast the defendant in this posses-sory action complains that since the defendant took the appeal herein he has brought a petitory action against, the plaintiff in the Fourth District Court for the same property, and inasmuch as pos-sessory and petitory actions can not be cumulated without consent (C. P. 55) the plaintiff contends that the suit thus brought by the defendant pending this appeal amounts to a voluntary execution of the judgment appealed from, or an abandonment thereof. He accordingly moves…