Elton v. Temple
This text of 21 La. Ann. 502 (Elton v. Temple) 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.
Opinion
This appeal was taken by petition from a judgment by default made final on the sixteenth of June, 1866. More than a year having elapsed before the application for the appeal, the defend-[503]*503¡uit alleged under oath that when the judgment was rendered he resided in the State of Pennsylvania, and that ho has continuously resided there since that period.
The appellee has filed a motion to dismiss the appeal, in which it is denied that Temple was a nonresident. This presents a question of fact not raised in the District Court. This court has not original jurisdiction. Article seventy-four of the Constitution of 1868; succession of King, 21 An. 502.
It is therefore ordered that the case he remanded to the court a qua with directions to try that issue.
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21 La. Ann. 502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elton-v-temple-la-1869.