Leday v. Lake Charles Pipe & Supply Co.

Louisiana Court of Appeal

Leday v. Lake Charles Pipe & Supply Co.

182 So. 148, 1938 La. App. LEXIS 302

CourtLouisiana Court of Appeal

DecidedJune 14, 1938

DocketNo. 1867.

StatusPublished

Cited by5 cases

This text of 182 So. 148 (Leday v. Lake Charles Pipe & Supply Co.) 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

Leday v. Lake Charles Pipe & Supply Co., 182 So. 148, 1938 La. App. LEXIS 302 (La. Ct. App. 1938).

Pincite

Opinion

LE BLANC, Judge.

In this, case we have a situation regarding the entry and signing of a' judg•ment which is practically identical with that presented in the case of John Delahoussaye v. D. M. Glazer & Company, Inc., et al., La.App., 182 So. 146, in which an opinion and decree were this day handed down dismissing the appeal as having been prematurely taken. Like that suit, the present one is also a suit for compensation in which the district judge after trial handed down written reasons for judgment which can not be said to constitute a judgment inasmuch as it condemns no one nor does it contain any decree whatever.

As in the case referred to there is no final judgment on which to base the appeal and in the absence of such judgment the-court will on its own motion dismiss the same.

For these reasons and for the further reasons stated in the opinion in the case of Delahoussaye v. Glazer & Co. Inc., this day handed down, it is now ordered, adjudged and decreed that the appeal herein be dismissed as having been prematurely taken. Plaintiff to pay all costs of appeal.

Free access — add to your briefcase to read the full text and ask questions with AI

LE BLANC, Judge.

In this, case we have a situation regarding the entry and signing of a' judg•ment which is practically identical with that presented in the case of John Delahoussaye v. D. M. Glazer & Company, Inc., et al., La.App., 182 So. 146, in which an opinion and decree were this day handed down dismissing the appeal as having been prematurely taken. Like that suit, the present one is also a suit for compensation in which the district judge after trial handed down written reasons for judgment which can not be said to constitute a judgment inasmuch as it condemns no one nor does it contain any decree whatever.

As in the case referred to there is no final judgment on which to base the appeal and in the absence of such judgment the-court will on its own motion dismiss the same.

For these reasons and for the further reasons stated in the opinion in the case of Delahoussaye v. Glazer & Co. Inc., this day handed down, it is now ordered, adjudged and decreed that the appeal herein be dismissed as having been prematurely taken. Plaintiff to pay all costs of appeal.

Cite This Page — Counsel Stack

Bluebook (online)

182 So. 148, 1938 La. App. LEXIS 302, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leday-v-lake-charles-pipe-supply-co-lactapp-1938.

Opinion

Related

Cite This Page — Counsel Stack