State ex rel. Katz v. Judge of the Fourth District Court

Supreme Court of Louisiana

State ex rel. Katz v. Judge of the Fourth District Court

1 Mann. Unrep. Cas. 330

CourtSupreme Court of Louisiana

DecidedJuly 1, 1880

DocketNo. 7288

StatusPublished

This text of 1 Mann. Unrep. Cas. 330 (State ex rel. Katz v. Judge of the Fourth District Court) 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

State ex rel. Katz v. Judge of the Fourth District Court, 1 Mann. Unrep. Cas. 330 (La. 1880).

Pincite

Opinion

De Blanc, J.

The succession of Loeb is not vacant, but the rule for provisional execution of an order appointing a curator to a vacant succession is applicable to the appointment of an administrator of any succession. Code Prac., Arts. 580, 1059.

Even if there were any doubt as to relator’s right to appeal suspensively from the ex parte order appointing the liquidator, the [331]*331fact is the judge granted him the appeal, and he perfected it by giving the bond the judge had ordered, and from the day of its filing the case passed from the jurisdiction of the lower judge, and he was without power to ignore his own orders, and to grant others as if no suspensive appeal had been granted and perfected.

Writ granted.

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De Blanc, J.

The succession of Loeb is not vacant, but the rule for provisional execution of an order appointing a curator to a vacant succession is applicable to the appointment of an administrator of any succession. Code Prac., Arts. 580, 1059.

Even if there were any doubt as to relator’s right to appeal suspensively from the ex parte order appointing the liquidator, the [331]*331fact is the judge granted him the appeal, and he perfected it by giving the bond the judge had ordered, and from the day of its filing the case passed from the jurisdiction of the lower judge, and he was without power to ignore his own orders, and to grant others as if no suspensive appeal had been granted and perfected.

Writ granted.

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Bluebook (online)

1 Mann. Unrep. Cas. 330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-katz-v-judge-of-the-fourth-district-court-la-1880.