Eckhardt v. Materne

Supreme Court of Louisiana

Eckhardt v. Materne

52 So. 172, 126 La. 1, 1910 La. LEXIS 597

CourtSupreme Court of Louisiana

DecidedMarch 28, 1910

DocketNo. 17,759

StatusPublished

Cited by1 cases

This text of 52 So. 172 (Eckhardt v. Materne) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Eckhardt v. Materne, 52 So. 172, 126 La. 1, 1910 La. LEXIS 597 (La. 1910).

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Opinion

PROVOSTY, J.

This is a suit in nullity of judgment. Pleas of res judicata and es-toppel were interposed. Prom an entry on the minutes informing us that these pleas were sustained, and from the fact that plaintiff. appeals, we infer that plaintiff’s suit was dismissed; but there is no judgment in the transcript. In the absence of a judgment from the transcript, this court is bound to dismiss the appeal ex proprio motu. Carondelet Canal Co. v. City of New Orleans, 44 La. Ann. 394, 10 South. 871.

Appeal dismissed.

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PROVOSTY, J.

This is a suit in nullity of judgment. Pleas of res judicata and es-toppel were interposed. Prom an entry on the minutes informing us that these pleas were sustained, and from the fact that plaintiff. appeals, we infer that plaintiff’s suit was dismissed; but there is no judgment in the transcript. In the absence of a judgment from the transcript, this court is bound to dismiss the appeal ex proprio motu. Carondelet Canal Co. v. City of New Orleans, 44 La. Ann. 394, 10 South. 871.

Appeal dismissed.

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Bluebook (online)

52 So. 172, 126 La. 1, 1910 La. LEXIS 597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eckhardt-v-materne-la-1910.

Opinion

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