Legal Opinion

State ex rel. Howell v. Echeveria

Supreme Court of Louisiana

Decided May 15, 1881No. 8123PublishedCited by 5 opinions

APPEAL from the Second Judicial District Court, parish of Assumption. Knobbloclc, J. On the Motion to Dismiss. First — Bight to appeal must be tested by the state of facts existing at the time the appeal is taken. 20 An. 870, 112; 28 An. 231; 10 An. 324, 155; 14 An. 708; 14 An. 426 ; 32 An. 348 : 28 An. 562; 30 An. 131; 31 An. 121; 10 L. 252; 13 An. 417 ; 14 A. 708; 6 L. 586. Second — When' motion for appeal is made in open court, jurisdiction of Supreme Court attaches on…

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1Opinion of the Court

On Motion to Dismiss.

The opinion of the Court was delivered by

Levy, J.

Appellee has filed a motion to dismiss' this appeal on the following grounds:

1st. Because no appeal has been applied for by or granted to the State of Louisiana, the only party in interest, entitled, as plaintiff, to ask and apply for an appeal herein.

2d. That, even if any appeal has ever been applied for by plaintiff, the State of Louisiana (which, however, is denied), nevertheless the judgment of the Twentieth District Court herein in favor of defendant, has been acquiesced in by plaintiff and by the District Attorney…

2Cases cited1 opinion

Greiner v. PrendergastSupreme Court of Louisiana · 1842

3Cited by5 opinions

State Ex Rel. Jones v. EdwardsSupreme Court of Louisiana · 1943
Charity Hospital v. MeyeauxLouisiana Court of Appeal · 1927
State ex rel. Stewart v. ReidSupreme Court of Louisiana · 1908
State ex rel. Arceneaux v. BreauxLouisiana Court of Appeal · 1929
State ex rel. Stewart v. ReidSupreme Court of Louisiana · 1906