Succession of Ibos

Supreme Court of Louisiana

Succession of Ibos

81 So. 326, 144 La. 813, 1918 La. LEXIS 1752

CourtSupreme Court of Louisiana

DecidedJanuary 28, 1918

DocketNo. 22885

StatusPublished

Cited by2 cases

This text of 81 So. 326 (Succession of Ibos) 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

Succession of Ibos, 81 So. 326, 144 La. 813, 1918 La. LEXIS 1752 (La. 1918).

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Opinions

PROVO STY, J.

[1] The judgment appealed from was signed at a term of court subsequent to that at which it was rendered and written; and the appeal was taken at this subsequent term, after signature. It was taken by motion in open court; and there was no citation of the appellee, other than that resulting from the provision of the Code of Practice to the effect that, when the appeal is taken “by motion in open court at the same term at which the judgment was rendered, * * * no citation of appeal, or other notice to appellee, shall be necessary.” Articles 573 and 574.

The question is whether the appeal is to be considered as having been taken at the same term at which the judgment was rendered.

We think so. A judgment is not considered as rendered and appealable until it has [815]*815been signed. Thiele v. Crutcher, 20 La. Ann. 499; Orleans, etc., v. International, etc., 113 La. 409, 37 South. 10.

Motion overruled.

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PROVO STY, J.

[1] The judgment appealed from was signed at a term of court subsequent to that at which it was rendered and written; and the appeal was taken at this subsequent term, after signature. It was taken by motion in open court; and there was no citation of the appellee, other than that resulting from the provision of the Code of Practice to the effect that, when the appeal is taken “by motion in open court at the same term at which the judgment was rendered, * * * no citation of appeal, or other notice to appellee, shall be necessary.” Articles 573 and 574.

The question is whether the appeal is to be considered as having been taken at the same term at which the judgment was rendered.

We think so. A judgment is not considered as rendered and appealable until it has [815]*815been signed. Thiele v. Crutcher, 20 La. Ann. 499; Orleans, etc., v. International, etc., 113 La. 409, 37 South. 10.

Motion overruled.

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81 So. 326, 144 La. 813, 1918 La. LEXIS 1752, Counsel Stack Legal Research, https://law.counselstack.com/opinion/succession-of-ibos-la-1918.

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