Legal Opinion
Eckhardt v. Materne
Supreme Court of Louisiana
Decided March 28, 1910No. 17,759PublishedCited by 1 opinion
Appeal from Fifteenth Judicial District Court, Parish of Calcasieu; Winston Over-ton, Judge. Action by John Eckhardt against E. A. Máteme and others. Judgment for defendants, and plaintiff appeals.
1Opinion of the CourtProvosty, J.
This is a suit in nullity of judgment. Pleas of res judicata and es-toppel were interposed. Prom an entry on the minutes informing us that these pleas were sustained, and from the fact that plaintiff. appeals, we infer that plaintiff’s suit was dismissed; but there is no judgment in the transcript. In the absence of a judgment from the transcript, this court is bound to dismiss the appeal ex proprio motu. Carondelet Canal Co. v. City of New Orleans, 44 La. Ann. 394, 10 South. 871.
Appeal dismissed.
2Cases cited1 opinion
- Carondelet Canal Navigation Co. v. City of New OrleansSupreme Court of Louisiana · 1892
3Cited by1 opinion
- Adler & Co. v. MosesLouisiana Court of Appeal · 1927