Howcott v. Smart
Supreme Court of Louisiana
Appeal from Twenty-Fifth Judicial District Court, Parish of Livingston; Robert S. Ellis, Judge. Action by Miss Edith Howcott against W. L. Smart, state and parish tax collector, Livingston parish, La., and others. Judgment for defendants, and plaintiff appeals.
1Opinion
On the Merits.
One of the main contentions of the appellant is that her injunction was dissolved ex *53parte and without notice. The facts are that all the proceedings were had in open court; that the motion was filed on the fifth day of the session, and was called up and tried on the seventh day of the session; and that judgment was rendered on the thirteenth day of the session. Plaintiff’s attorney was present in court on the day the judgment was rendered, and did not move for a new trial, but took an appeal. The presumption is that the motion was properly called for trial, and that the…
2Cases cited2 opinions
- Orient Ins. v. Board of AssessorsSupreme Court of Louisiana · 1909
- Kansas City, Shreveport & Gulf Railway Co. v. DavisSupreme Court of Louisiana · 1898