Tolmas v. Lofaso

Louisiana Court of Appeal

Tolmas v. Lofaso

122 So. 907, 10 La. App. 785, 1929 La. App. LEXIS 202

CourtLouisiana Court of Appeal

DecidedMay 27, 1929

DocketNo. 10,945

StatusPublished

Cited by1 cases

This text of 122 So. 907 (Tolmas v. Lofaso) 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

Tolmas v. Lofaso, 122 So. 907, 10 La. App. 785, 1929 La. App. LEXIS 202 (La. Ct. App. 1929).

Pincite

Opinion

ON MOTION TO DISMISS.

WESTERFIELD, J.

Plaintiff and appellee moves to dismiss this appeal upon the ground that there has been an acquiescence in the judgment appealed from, by reason of the fact that the sum of $500 has been paid on account of the judgment by the defendant and appellant on the 15th day of August, 1928, citing Flowers vs. Hughes, 46 La. Ann. 436, 15 So. 14. No answer has been filed to the motion to dismiss.

The issue of fact presented by the motion must be determined by the administration of testimony in the proper tribunal before the motion to dismiss presented to this court may be disposed of. Raines et al. vs. Dunson et al., 143 La. 321, 78 So. 574.

It is therefore ordered that this case be remanded to the Civil District Court for the Parish of Orleans for the purpose of taking testimony in regard to the alleged acquiescence by defendant in the judgment appealed from. Consideration of the case is continued until such evidence is taken and filed.

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