Legal Opinion

Cassard v. Tracy

Supreme Court of Louisiana

Decided February 15, 1900No. 13,240Published

IN BE. Wm. E. Tracy and E. O. Zacharie applying for certiorari or writ of review to the Court of Appeal, Parish of Orleans, State of Louisiana.

1Opinion

On Rehearing.

Blanchard, J.

A reconsideration of these cases has led to a conclusion at variance with that announced in the former opinion of the court.

When trial was had in the district court and when a suspensive appeal from the judgment there rendered in favor of the plaintiff was taken in each of the causes to the court of appeals and lodged in the latter tribunal, the Constitution of 1879 was in force.

*853Tiiat Constitution (Art. 128) .provided, that :• — “Said appeals (meaning' from the District Court of the Parish of Orleans to the Court of Appeals) shall be upon questions of law alone in…

2Cases cited13 opinions

  1. Dunning v. WestSupreme Court of Louisiana · 1899
  2. Cooper v. HodgeSupreme Court of Louisiana · 1841
  3. State v. KingSupreme Court of Louisiana · 1857
  4. Scott v. DukeSupreme Court of Louisiana · 1848
  5. Commercial Bank v. MarkhamSupreme Court of Louisiana · 1848

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