Gentilly Development Co. v. Carbajal

Supreme Court of Louisiana

Gentilly Development Co. v. Carbajal

114 So. 489, 164 La. 619, 1927 La. LEXIS 1789

CourtSupreme Court of Louisiana

DecidedOctober 31, 1927

DocketNo. 28738.

StatusPublished

This text of 114 So. 489 (Gentilly Development Co. v. Carbajal) 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

Gentilly Development Co. v. Carbajal, 114 So. 489, 164 La. 619, 1927 La. LEXIS 1789 (La. 1927).

Pincite

Opinion

O’NEILL, C. J.

The defendant in this suit has appealed from an ex parte order of court, ordering a notary public and two expert appraisers appointed by the court, to make an appraisement of certain real estate, of which the plaintiff claims joint ownership with the 'defendant, and sues for a partition. The plaintiff has moved to dismiss the appeal on the ground that the order appealed from is only an interlocutory order, and cannot cause irreparable injury. That being the character of the order appealed from, the appeal must be dismissed; for there is no right of appeal from an interlocutory order if it cannot cause irreparable injury.

The appeal is dismissed at appellant’s cost.

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O’NEILL, C. J.

The defendant in this suit has appealed from an ex parte order of court, ordering a notary public and two expert appraisers appointed by the court, to make an appraisement of certain real estate, of which the plaintiff claims joint ownership with the 'defendant, and sues for a partition. The plaintiff has moved to dismiss the appeal on the ground that the order appealed from is only an interlocutory order, and cannot cause irreparable injury. That being the character of the order appealed from, the appeal must be dismissed; for there is no right of appeal from an interlocutory order if it cannot cause irreparable injury.

The appeal is dismissed at appellant’s cost.

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Bluebook (online)

114 So. 489, 164 La. 619, 1927 La. LEXIS 1789, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gentilly-development-co-v-carbajal-la-1927.