Shultz Belting Co. v. W. K. Henderson Iron Works & Supply Co.
Supreme Court of Louisiana
Appeal from First Judicial District Court, Parish of Caddo; E. W. Sutherlin, Judge. Action by the Shultz Belting - Company against W. K. Henderson Iron Works & Supply Company. From judgment for defendant, plaintiff appeals.
1Opinion of the Court
On Motion to Dismiss the Appeal.
BREAUX, C. J.
Defendant and appellee alleges that plaintiff and appellant acquiesced in the judgment by paying a money judgment amounting to $98.70 as shown.
On that "ground defendant and appellee moves to dismiss the appeal.
[1] Plaintiff and appellant, in answer to the motion made to dismiss the appeal, averred that there is no dispute “as to the facts” ; it admitted that it paid to defendant and appellee the amount awarded to it on the re-conventional demand by the judgment appealed from, and that this payment was made after a devolutive appeal was taken from…
2Cases cited1 opinion
- Jolley v. Vivian Oil Co.Supreme Court of Louisiana · 1912
3Cited by3 opinions
- William Whitman Co., Inc. v. SolomonLouisiana Court of Appeal · 1932
- Wrenn v. Lafayette Furniture Co.Louisiana Court of Appeal · 1933
- Star Shoe Co. v. HendricksLouisiana Court of Appeal · 1949