Legal Opinion

Escoubas v. Calcasieu Sulphur Mining Co.

Supreme Court of Louisiana

Decided April 15, 1881No. 6841PublishedCited by 4 opinions

APPEAL from the Sixth District Court for the parish of Orleans. Saucier', J". WháfO a third party interested appeals, and does not cite the defendant in the suit, the appeal will be dismissed. Where an appeal is taken by a third party interested, he must cite both plaintiff and defendant in the suit, otherwise the appeal will be dismissed for want of proper parties.

1Opinion of the Court

On Motion to Dismiss.

The opinion of the Court was delivered by

Fenner, J.

This is an appeal by petition, by third persons, from a ■ judgment to which they were not parties.

The failure to cite, or demand citation of, the defendant in the judgment is fatal to the appeal. This Court has no power to revise the judgments of inferior tribunals, where the parties' thereto are not before it.

State vs. Wickliffe, 21 An. 755. It is unnecessary to consider other grounds assigned in the motion to dismiss.

It is, therefore, ordered that this appeal be dismissed, at appellants’ cost.

2Cited by4 opinions

  1. In re Great Southern Lumber Co.Supreme Court of Louisiana · 1912
  2. Levert v. Shirley Planting Co.Supreme Court of Louisiana · 1914
  3. Porter v. KinneyLouisiana Court of Appeal · 1931
  4. Pratt v. Corporation of BastropSupreme Court of Louisiana · 1914