Legal Opinion

Powell v. Kellar

Supreme Court of Louisiana

Decided April 15, 1846PublishedCited by 3 opinions

APPEAL from the District Court of the First District, Buchanan, J. moved to dismiss the appeal on the ground that the judgment was one from which no appeal could lie, being interlocutory, and working no irreparable injury. contended that the appeal should be sustained, having been taken from a judgment declining to take jurisdiction of the case.

1Opinion of the Court

The opinion of the court was delivered by

Slidell, J.

Powell brought suit against Kellar in the Commercial Court. Kellar denied PoiuclVs claim, and filed a plea in reconvention against Powell. The cause having been tided, and a verdict rendered in favor of Powell, Kellar took an appeal. Pending this appeal, Powell transferred all his rights and interest in tho judgment against Kellar, to the New Orleans Canal and Banking Company; and, on the 5th of August, 1841, an order was entered of record in the cause, upon filing and suggesting the notarial act of transfer, subrogating the bank to the…

2Cited by3 opinions

  1. Schwing v. DunlapSupreme Court of Louisiana · 1910
  2. State ex rel. Stewart v. ReidSupreme Court of Louisiana · 1906
  3. Hancock v. Liberty Mutual InsuranceLouisiana Court of Appeal · 1963

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