Cary v. Richardson
Supreme Court of Louisiana
^PPEAL from the Sixth District Court, parish of Orleans. Mghtor, First — An order of appeal is an essential formality, in the absence of which an appeal must be dismissed.
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^PPEAL from the Sixth District Court, parish of Orleans. Mghtor, First — An order of appeal is an essential formality, in the absence of which an appeal must be dismissed. C. P. Art. 574 ; 6 N. S. 323 ; 2 A. 752, 902 ; 5 A. 666 ; 9 A. 158 ; 22 A. 373 ; 2 A. 628 ; 20 A. 193 ; 24 A. 276 ; 23 A. 543. Second — The order rescinding the order of appeal herein granted, before the former was entered in the minutes, and before the bond was filed, left the appellant without an order of appeal. Third — The court had power to grant such an order, because it still had jurisdiction of the case. It did not…
1Opinion of the Court
*1169On Motion to Dismiss.
The opinion of the Court was delivered by
Todd, J.
This is a motion to dismiss the appeal on grounds :
1st. That there was no order of appeal.
2d. That the appeal was taken from an interlocutory decree, "which did not work an irreparable injury.
This is a suit to have declared an alleged partnership between plaintiff and defendant dissolved, and for a settlement of the same.
A decree was rendered by the judge a quo, styled by him in the •decree itself an interlocutory one, in which he decreed the existence and dissolution of the partnership and appointed auditors with a view of…
2Cases cited1 opinion
- City of Hartford v. New York & New England RailroadSupreme Court of Connecticut · 1890
3Cited by1 opinion
- Williams' Heirs v. ZengelSupreme Court of Louisiana · 1906