Legal Opinion

Benedict v. Pasley

Supreme Court of Louisiana

Decided November 2, 1909No. 17,740PublishedCited by 1 opinion

Appeal from Civil District Court, Parish of Orleans; George IT. Théard, Judge. Action by Jane West Benedict and others against Mrs. George Pasley and others. Judgment for plaintiffs, and defendants appeal. Plaintiffs move to dismiss the appeal.

1Opinion of the Court

On Motion'to Dismiss.

BKEATJX, C. J.

The action was petitory. Plaintiff Mrs. Jane W. Benedict claims one-half of the property as the survivor in community, and the heirs the remainder.

Defendants did not sustain their defense in the district court. That court rendered judgment in favor of plaintiffs on the 21st day of May, 1909.

On June 1, 1909, defendants and appellants, through counsel, filed a motion for a suspensive appeal on a bond of $250. On July 7, 1909, the plaintiffs and appellees appeared in the district court and filed a rule to dismiss the appeal.

After having heard evidence and…

2Cases cited4 opinions

  1. Edwards v. EdwardsSupreme Court of Louisiana · 1877
  2. Wood v. HarrellSupreme Court of Louisiana · 1859
  3. Vredenburgh v. BehanSupreme Court of Louisiana · 1880
  4. Surget v. StantonSupreme Court of Louisiana · 1855

3Cited by1 opinion

  1. Zavaglia v. NotarbartoloSupreme Court of Louisiana · 1915

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