Yazoo & M. V. R. v. Teissier
Supreme Court of Louisiana
Action by the Yazoo & Mississippi Yalley Railroad Company against Mrs. Noemie Teissier, wife of Charley V. Frey. Plaintiff applies to the Supreme Court for writ of prohibition against the trial judge and defendant from proceeding on a rule, pending plaintiff’s appeal from the judgment in the action.
1Opinion of the CourtProyosty, J.
The plaintiff railroad company having obtained a judgment against the defendant, under the eminent domain power, for the expropriation of a right of way across her plantation, deposited in the hands of the sheriff the amount of the judgment, and then obtained and perfected a suspensive appeal from the judgment. This deposit it made in conformity with article'2634 of the Civil Code, which provides:
“Art. 2634. Any appeal to the Supreme Court from, the verdict of the jury and judgment of the lower court, made by either party, shall not suspend the execution of such judgment, but the payment of…
2Cases cited6 opinions
- Hickman v. DawsonSupreme Court of Louisiana · 1881
- State ex rel. Jennings-Heywood Oil Syndicate v. De BaillonSupreme Court of Louisiana · 1904
- State ex rel. Fitzpatrick-Cromwell Co. v. EllisSupreme Court of Louisiana · 1901
- Houssiere-Latreille Oil Co. v. Jennings-Heywood Oil SyndicateSupreme Court of Louisiana · 1905
- Jennings-Heywood Oil Syndicate v. Houssiere-Latreille Oil Co.Supreme Court of Louisiana · 1906
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3Cited by3 opinions
- Walker v. JonesSupreme Court of Louisiana · 1970
- Yazoo & M. V. R. v. Longview Sugar Co.Supreme Court of Louisiana · 1914
- Walker v. JonesSupreme Court of Louisiana · 1970