Corbitt v. Hanson

Citations

• 124 La. 403
• 50 So. 435
• 1909 La. LEXIS 478

Syllabus

<p>1. Appeal and Error (§ 1206*) — Remand-Enforcement of Judgment — Effect of Devolutive Appeal.</p> <p>In an action between C., L., and J., a fund was deposited in court, and judgment went for L. for the whole sum, and C. appealed, but J. did not. On the appeal the judgment was affirmed as to J. and reversed as to G., and one-half the fund was given to L. and the other to C. The original judgment, from which J. did not appeal, became final within the legal delay, and thereafter J. prosecuted a devolutive appeal from the original judgment. The trial judge, because of the pending appeal, refused to give L. his half of the fund, and L. brought mandamus. Held that, as the devolutive appeal could not affect the judgment appealed from, it could not affect L.’s rights to the fund as decreed by the amended judgment of the Supreme Court.</p> <p>2. Appeal and Errob (§ 1206*)— Remand— • Enforcement of Judgment — Proceeding bt Rule.</p> <p>. A contention that L. should proceed by rule against J. and the depository, which refused to pay L. unless the judgment made an order therefor, was without merit, because L. had already a final judgment against J.'for the fund, and the bank, in paying, would be protected by the order of court.</p>