State ex rel. Southern Bank v. Pilsbury
Supreme Court of Louisiana
APPEAL from the Civil District Court for the Parish of Orleans. Hightor, J. 1. A party, against whom a judgment is rendered by an appellate court, who thinks himself injured by the manner in which the execution was ordered, must seek relief by a superardeaSy to he granted by the court from which the mandate was issued. No appeal lies from the order of execution.
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APPEAL from the Civil District Court for the Parish of Orleans. Hightor, J. 1. A party, against whom a judgment is rendered by an appellate court, who thinks himself injured by the manner in which the execution was ordered, must seek relief by a superardeaSy to he granted by the court from which the mandate was issued. No appeal lies from the order of execution. C. P. Arts. 6*29, 877, 878; 11 L. 366; 6E. 92; 20 An. 581; 11 An-196 ; 97 U. S. 361. 2. A party demanding the execution of a judgment rendered by the court of appeal is not required to give previous notice to the opposite party. C.…
1Opinion of the Court
Motion to Dismiss.
The opinion of the Court was delivered by
Poché, J.
The City of New Orleans prosecutes this appeal from an ex parte order or decree directing the execution of the mandate of the Supreme Court of the United States, and of the decree of this Court predicated thereon, rendered in this case.
The order complained of was rendered on the motion of R. D. Shepherd, as the. holder and owner of four of the six hundred and thirty-one bonds declared upon by the Southern Bank.
Appellee contends that no appeal lies from the order of the lower court ordering the execution of a decree rendered…
2Cases cited1 opinion
- Cox's Executors v. ThomasSupreme Court of Louisiana · 1837
3Cited by6 opinions
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- Roussel v. Railways Realty Co.Supreme Court of Louisiana · 1913
- Blunson v. BrocatoSupreme Court of Louisiana · 1937
- Blunson v. BrocatoLouisiana Court of Appeal · 1937
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