New Orleans City Railroad v. Crescent City Railroad
Supreme Court of Louisiana
APPEAL from the Civil District Court, parish of Orleans. Monroe, J. A party who acquiesces in a judgment rendered against him hy voluntarily executing the same cannot appeal therefrom. C. P. 567. This Court will take judicial notice in an especial manner of the course of proceeding, the decision and: the jurisprudence of the Circuit Court of the United States for the Fifth Judicial Circuit, District of Louisiana.
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APPEAL from the Civil District Court, parish of Orleans. Monroe, J. A party who acquiesces in a judgment rendered against him hy voluntarily executing the same cannot appeal therefrom. C. P. 567. This Court will take judicial notice in an especial manner of the course of proceeding, the decision and: the jurisprudence of the Circuit Court of the United States for the Fifth Judicial Circuit, District of Louisiana. First — The Supreme Court will consider original evidence when all parties consent. 3 An. 115; 28 An. 274. Second — The doctrine of acquiescence is not applicable to the decrees or…
1Opinion
On Rehearing.
Bermudez, C. J.
Plaintiff and appellee seeks to dismiss this appeal on the ground, that the defendant has acquiesced in the judgment appealed from, by voluntarily executing it.
The facts advanced, as constituting acquiescence, are admitted by the defendant company, which simply denies “ the conclusion sought to be drawn ” from them.
The appearance of defendant, we deem to be, in the nature of an exception of no cause of action.
This action has for its object, the recognition of the plaintiff, as lawful owner of certain railroad franchises represented as about to be invaded by the…
2Cases cited2 opinions
- Williams v. DuerSupreme Court of Louisiana · 1840
- Ellerman v. New Orleans, etc., R.U.S. Circuit Court for the District of Louisiana · 1875