Melancton's Heirs v. Broussard
Supreme Court of Louisiana
appeal pkom the court oe the pipth judicial dis= TRICT, THE JUDGE OE THE SEVENTH PRESIDING. This suit was instituted the 2d of April, 1825, by the heirs and widow of Charles Melanqon, deceased, against Pierre Broussard andDr.JohnDuhamel to set aside and declare null and void a judgment of the Supreme Court, rendered in favor of said Broussard against Duhamel, in which Melanpon’s heirs were cited by Duhamel in warranty, which judgment is alleged to have been obtained by fraud…
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appeal pkom the court oe the pipth judicial dis= TRICT, THE JUDGE OE THE SEVENTH PRESIDING. This suit was instituted the 2d of April, 1825, by the heirs and widow of Charles Melanqon, deceased, against Pierre Broussard andDr.JohnDuhamel to set aside and declare null and void a judgment of the Supreme Court, rendered in favor of said Broussard against Duhamel, in which Melanpon’s heirs were cited by Duhamel in warranty, which judgment is alleged to have been obtained by fraud and collusion. The present plaintiffs instituted suit May 15, 18~2~2, against Dr. John Duhamel and his security Joseph…
1Opinion of the Court
Martin J.
delivered the opinion of the Court.
The defendants and appellants complain of the judgment of the District Court, which sustained an action of nullity against and actually set aside a judgment of this Court. They rely on the Code of Practice, Art. 608 — which requires the action of nullity to be brought in the Court which rendered it, or the Court of Appeal before which the appeal from
such a judgment was taken.
Hence it is urged that whenever a judgment has been appealed from, the Court which rendered it, is no longer competent to give a remedy on an action of nullity. — Code of…
2Cited by7 opinions
- Tracy v. DufreneSupreme Court of Louisiana · 1960
- Gajan v. Patout & BurguieresSupreme Court of Louisiana · 1914
- Dulien Steel Products, Inc. v. Elbert B. ConnellCourt of Appeals for the Fifth Circuit · 1958
- Clark v. Delta Tank Mfg. Co.Louisiana Court of Appeal · 1946
- Walker v. BarelliSupreme Court of Louisiana · 1880
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