S. D. Moody & Co. v. Chadwick

Louisiana Court of Appeal

S. D. Moody & Co. v. Chadwick

1 Teiss. 90, 1904 La. App. LEXIS 6

CourtLouisiana Court of Appeal

DecidedJanuary 25, 1904

DocketNo. 3380

StatusPublished

This text of 1 Teiss. 90 (S. D. Moody & Co. v. Chadwick) 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

S. D. Moody & Co. v. Chadwick, 1 Teiss. 90, 1904 La. App. LEXIS 6 (La. Ct. App. 1904).

Pincite

Opinion

DUFOUR, J.

The plaintiff sued' the defendant on a paving bill and was met with certain exceptions setting up illegality of the tax, which were sustained by the district Judge. On appeal, the Supreme Court reversed the judgment and remanded the cause for trial on the merits.

' Whereupon the plea of res jiLdicata was filed on the ground that the plaintiff, not having appealed to this Court at the time it appealed to the Supreme Court, the first judgment as to all matters cognizable by us is final. The Supreme Court took jurisdiction of the whole case as decided below on the exceptions and reversed the judgment. No trial on the merits was had previous to the remanding and hence there was never, until .after the remanding, any issue determined which v^as within our jurisdiction. The reversal vacated the whole judgment, not a part of it.

There is no error in the judgment overruling the plea of res judicata, and there appears to be no defence to the claim.

D

Judgment affirmed.

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DUFOUR, J.

The plaintiff sued' the defendant on a paving bill and was met with certain exceptions setting up illegality of the tax, which were sustained by the district Judge. On appeal, the Supreme Court reversed the judgment and remanded the cause for trial on the merits.

' Whereupon the plea of res jiLdicata was filed on the ground that the plaintiff, not having appealed to this Court at the time it appealed to the Supreme Court, the first judgment as to all matters cognizable by us is final. The Supreme Court took jurisdiction of the whole case as decided below on the exceptions and reversed the judgment. No trial on the merits was had previous to the remanding and hence there was never, until .after the remanding, any issue determined which v^as within our jurisdiction. The reversal vacated the whole judgment, not a part of it.

There is no error in the judgment overruling the plea of res judicata, and there appears to be no defence to the claim.

D

Judgment affirmed.

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Bluebook (online)

1 Teiss. 90, 1904 La. App. LEXIS 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/s-d-moody-co-v-chadwick-lactapp-1904.