Stith v. Winbush
Supreme Court of Louisiana
APPEAR FROM THE COURT OF THE THIRD DISTRICT, THE JUDGE OF THE EIGHTH PRESIDING. In this case, the appeal was taken by the attorney, after the death of the party: Whereupon, on motion to dismiss the appeal,
1Opinion of the CourtMathews, J.
The counsel for the appellee, moves to have this appeal dismissed on several grounds; one of which is, that it was taken in the name of the plaintiff, after his death.
The record shows, that judgment was rendered in the court below, on the third of June, 1831. The date of the petition for an appeal does not clearly appear; the order of the judge seems to have been made on the 16 th of December, 1831. It is admitted, that at this period; the plaintiff in the original suit (who is here appellant) was.-dead, and that his counsel had knowledge of that fact, wliomotwithstanding, signed the name of…
2Cited by1 opinion
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