Rule of Byrne v. Cassard
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Lamms, J. A judgment is conclusive of every fact necessary to uphold it, whether the final adjudication resulted from tedious litigation or from a suit in which obstacle was presented. Freeman on Judgments, sec. 330; 2 Howard IT.
Read the full summary
APPEAL from the Civil District Court for the Parish of Orleans. Lamms, J. A judgment is conclusive of every fact necessary to uphold it, whether the final adjudication resulted from tedious litigation or from a suit in which obstacle was presented. Freeman on Judgments, sec. 330; 2 Howard IT. S. 340; Succession of Hebrard, 18 Ann. 485. A judgment is not a consent judgment when prepared by one of the attorneys and submitted to the court as a proper judgment, and adopted by the judge as the judgment of the court. 20 Ann. 276; 12 Ann. 426; 28 Ann. 713. When a court has jurisdiction of the…
1Opinion of the Court
The opinion of the Court was delivered by
Watkins, J.
On the 11th of April, 1885, in the matter of the partition of the real estate belonging to the successions of Madeline Azema Byrne and John Blight Byrne, the lot of ground and three-story briclc building, forming the southeast corner of Canal and Carondelet streets, were adjudicated to Jules Cassard, now deceased, and herein represented by Adrien, Augustus, Jr., and John E. Cassard, as his surviving legatees, and who have appeared and made themselves parties to this appeal.
Tlie purchaser declined to pay the amount of his bid, and the…
2Cases cited1 opinion
- Cooley v. SeymourSupreme Court of Louisiana · 1836
3Cited by1 opinion
- Byrnes v. Butte Brewing Co.Montana Supreme Court · 1911