Demasi v. Whitney Trust & Savings Bank

Louisiana Court of Appeal

Demasi v. Whitney Trust & Savings Bank

161 So. 789, 1935 La. App. LEXIS 579

CourtLouisiana Court of Appeal

DecidedJune 10, 1935

DocketNo. 14872.

StatusPublished

This text of 161 So. 789 (Demasi v. Whitney Trust & Savings Bank) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Demasi v. Whitney Trust & Savings Bank, 161 So. 789, 1935 La. App. LEXIS 579 (La. Ct. App. 1935).

Pincite

Opinion

PER CURIAM.

This matter comes before us on motion to dismiss the appeal because of alleged acquiescence in the judgment appealed from. The contention seems to be that, although plaintiff’s wife, when she testified as a witness, stated that she had not withdrawn any of the fund on deposit to her credit, she has since made affidavit that, as a’ matter of fact, she did withdraw everything which defend'ant contends was withdrawn,-

We think it advisable not to dismiss the appeal, but to allow the matter to be presented on the merits. If there is new evidence, or if, in-fact, there is any evidence which we think should- be again considered by the district court, we will, when the matter is presented on the merits, then consider the question of whether the whole case should be remanded-to the district court.

For the reasons assigned, it is ordered, adjudged,' and decreed that the motion to dismiss the appeal be, and it is, overruled.

Motion to dismiss overruled.

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PER CURIAM.

This matter comes before us on motion to dismiss the appeal because of alleged acquiescence in the judgment appealed from. The contention seems to be that, although plaintiff’s wife, when she testified as a witness, stated that she had not withdrawn any of the fund on deposit to her credit, she has since made affidavit that, as a’ matter of fact, she did withdraw everything which defend'ant contends was withdrawn,-

We think it advisable not to dismiss the appeal, but to allow the matter to be presented on the merits. If there is new evidence, or if, in-fact, there is any evidence which we think should- be again considered by the district court, we will, when the matter is presented on the merits, then consider the question of whether the whole case should be remanded-to the district court.

For the reasons assigned, it is ordered, adjudged,' and decreed that the motion to dismiss the appeal be, and it is, overruled.

Motion to dismiss overruled.

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Bluebook (online)

161 So. 789, 1935 La. App. LEXIS 579, Counsel Stack Legal Research, https://law.counselstack.com/opinion/demasi-v-whitney-trust-savings-bank-lactapp-1935.