State National Bank v. Lanaux
Supreme Court of Louisiana
APPEAL from the Twentieth District Court, Parish of Assumption. Guión, J. Acquiescence by appellant in the judgment appealed from defeats the right of appeal. 40 An. 201. On motion to dismiss, on the ground that appellant has acquiesced in the judgment, evidence of this fact can not be introduced before the Supreme Court; the case must be remanded to try that issue. 28 An. 572; 3 An. 115; 23 An. 37; 20 Am 574; 29 An. 576; 39 An. 225. No appeal can be taken by one who even…
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APPEAL from the Twentieth District Court, Parish of Assumption. Guión, J. Acquiescence by appellant in the judgment appealed from defeats the right of appeal. 40 An. 201. On motion to dismiss, on the ground that appellant has acquiesced in the judgment, evidence of this fact can not be introduced before the Supreme Court; the case must be remanded to try that issue. 28 An. 572; 3 An. 115; 23 An. 37; 20 Am 574; 29 An. 576; 39 An. 225. No appeal can be taken by one who even partially executes the judgment. 28 An. 743; 18 An. 59; 18 An. 264; 4 An. 150; 14 L. 523; 37 An. 581. It is settled…
1Opinion of the Court
The opinion of the court was delivered by
Breaux, J.
The appeal was taken by Theodore Venissat, one of the defendants.
The grounds for the dismissal of his appeal are that the defendant and appellant, as well also as his co-defendant, who is an appellee, have acquiesced in the judgment or order of sale appealed from by permitting the order or judgment appealed from to be executed without objection, opposition or protest.
The appellee annexes exhibits to his motion, consisting of affidavits setting forth, substantially, that although present in the parish of Assumption at the date of-seizure of…
2Cited by3 opinions
- Wetherbee v. Lodwick Lumber Co.Supreme Court of Louisiana · 1940
- Dannenmann v. CharltonSupreme Court of Louisiana · 1903
- Jackson v. Parish of VernonSupreme Court of Louisiana · 1922