Holbrook v. Holbrook
Supreme Court of Louisiana
REPEAL from the Eighth District Court, parish of Orleans. Dibbler The opinions of the court on the motions to dismiss were delivered by Lüdeling, C. J., and DeBlanc, J., and on the merits by Manning, C. J. Robert Mott, for defendant, contended : First — That the petition having disclosed the fact, that a divorce had been granted, which had not been reversed on appeal, or annulled by a court of competent jurisdiction, the plaintiff had no right of action for alimony. 18 An.…
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REPEAL from the Eighth District Court, parish of Orleans. Dibbler The opinions of the court on the motions to dismiss were delivered by Lüdeling, C. J., and DeBlanc, J., and on the merits by Manning, C. J. Robert Mott, for defendant, contended : First — That the petition having disclosed the fact, that a divorce had been granted, which had not been reversed on appeal, or annulled by a court of competent jurisdiction, the plaintiff had no right of action for alimony. 18 An. 618 ; 18 An. 41. Second — That the petition not having disclosed a case for the nullity of the judgment of divorce, the…
1Opinion of the Court
On Motion to Dismiss the Appeal.
Taliaferro, J.
The appellee moves to dismiss the appeal in this -case on the ground that the lower court having rendered an order of -appeal, and fixed the bond at $13,500, was divested of jurisdiction, and therefore could not subsequently revoke the order and fix the bond for .a smaller amount.
On the 19th November, the order of appeal was rendered, and the ■amount of bond fixed at $13,500. No bond was filed in pursuance of this order. The next day, 20th of November, the court amended the *15■order, rendered the day previous, by fixing the amount of the bond at…
2Cases cited1 opinion
- Rowley v. RowleySupreme Court of Louisiana · 1841
3Cited by24 opinions
- Messersmith v. MessersmithSupreme Court of Louisiana · 1956
- Eals v. SwanSupreme Court of Louisiana · 1952
- Arnold v. ArnoldSupreme Court of Louisiana · 1937
- Hillard v. HillardSupreme Court of Louisiana · 1954
- Mutual Life Insurance v. HouchinsSupreme Court of Louisiana · 1900
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