Legal Opinion

Typhoon Fan Co. v. Pilsbury

Supreme Court of Louisiana

Decided April 25, 1927No. 28481PublishedCited by 7 opinions

1Opinion of the Court

On Motion to Dismiss.

OYERiTON, J.

Plaintiff has appealed from a judgment sustaining a. plea of res adjudicata, and defendant has moved to dismiss, the appeal. The grounds urged for dismissing the appeal may be summed up as follows: (1) That the appeal is frivolous; (2) that it is taken solely for the purpose of harassing defendant and delaying the execution of - a final judgment, rendered by this court, in a suit between the same parties (162 La. 81, 110 So. 96), whereby plaintiff is seeking to try anew the issues disposed of in that suit.

As to whether or not the appeal is frivolous, and is…

2Cases cited8 opinions

  1. Baker v. FrellsenSupreme Court of Louisiana · 1880
  2. Succession of DamicoSupreme Court of Louisiana · 1925
  3. Pasley v. McConnellSupreme Court of Louisiana · 1887
  4. Succession of PavelkaSupreme Court of Louisiana · 1926
  5. John Barkley & Co. v. Ham & SeymourSupreme Court of Louisiana · 1921

3 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. State v. Up-To-Date Shoe Repairing Co.Supreme Court of Louisiana · 1933
  2. Orleans Homestead Ass'n v. WilliamsSupreme Court of Louisiana · 1930
  3. Speakman v. BernsteinCourt of Appeals for the Fifth Circuit · 1932
  4. Woods v. William Rednour Transfer Storage Co.Louisiana Court of Appeal · 1941
  5. Jacobs v. Calcasieu Frozen Foods, Inc.Louisiana Court of Appeal · 1960

2 more not listed; retrieve them via the Exa API.

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