Legal Opinion

Lochbaum v. Southwestern Box & Lumber Mfg. Co.

Supreme Court of Louisiana

Decided February 3, 1908No. 16,932PublishedCited by 7 opinions

Appeal from Twenty-Eighth Judicial District Court, Parish of Jefferson; Prentice Ellis Edrington, Judge. Action by Ephraim Lochbaum against the Southwestern Box & Lumber Manufacturing Company. Judgment for plaintiff, and defendant appeals. Plaintiff moves to dismiss the appeal. Motion to dismiss overruled.

1Opinion of the Court

On Motion to Dismiss Appeal.

LAND, J.

On July 10, 1907, judgment was rendered in favor of the plaintiff against the “Southwestern Lumber & Box Factory” for the sum of $600, with interest and costs. Defendant appealed, but its appeal was dismissed for defects in the bond of appeal. In December, 1907, the defendant took a devolutive appeal from the same judgment.

Plaintiff and appellee has moved to dismiss on the ground that the defendant has no appealable interest in the judgment, rendered below. This motion is based on facts dehors the record, which it is alleged estop the appellant from…

2Cited by7 opinions

  1. Verda Ross Whalen v. Phoenix Indemnity CompanyCourt of Appeals for the Fifth Circuit · 1955
  2. Parker v. HarveyLouisiana Court of Appeal · 1935
  3. City of New Orleans v. Canal Bakery & DelicatessenLouisiana Court of Appeal · 1925
  4. Kelly v. DuringLouisiana Court of Appeal · 1927
  5. American Multigraph Sales Co. v. Peach-Blo Products, Inc.Louisiana Court of Appeal · 1928

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