Legal Opinion

Lee v. Foley

Supreme Court of Louisiana

Decided May 9, 1904No. 15,208PublishedCited by 18 opinions

Appeal from Civil District Court, Parish of Orleans; Walter Byers Sommerville, Judge.' Action by John Lee against John Foley. Judgment for defendant, and plaintiff appeals. On subsequent death of appellant, his widow was duly substituted.

1Opinion of the Court

On Motion to Dismiss.

NICHOLLS, J.

The plaintiff brought this action to recover a judgment against defendant for damages for personal injury alleged to have been received by himself through the negligence of one of his (defendant’s) employés. Being cast in the action, he applied for and obtained an appeal. Defendant asks its dismissal on the ground -that in his motion for the appeal he did not allege that there was error in the judgment, or that he had been in any way or manner aggrieved by it, and he was therefore without any interest to appeal.

Appellee cites Rausch v. Barrere, 109 La. 563, 33…

2Cases cited1 opinion

  1. Rausch v. BarrereSupreme Court of Louisiana · 1902

3Cited by18 opinions

  1. Larkey v. ChurchSupreme Court of Oklahoma · 1920
  2. Clements v. HodgensSupreme Court of Alabama · 1923
  3. Dees v. Lindsey Mill Co.Supreme Court of Alabama · 1923
  4. Meyers, Whitty & Hodge, Inc. v. Popich Marine Const.Louisiana Court of Appeal · 1962
  5. Stokes v. HintonSupreme Court of Alabama · 1916

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