Dannenmann v. Charlton

Citations

• 113 La. 276
• 36 So. 965
• 1903 La. LEXIS 584

Syllabus

<p>SUPREME COURT — JURISDICTION — SUSPENSIVE APPEAL — JUDICIAL MORTGAGE — CANCELLATION-INSCRIPTION OP JUDGMENT — TRANSPER OP CLAIM — RIGHTS OP PARTIES — USURY—PRESCRIPTIONS.</p> <p>1. An appellant against whom a moneyed judgment had been rendered, and who had taken a suspensive appeal from the judgment, charged in the Supreme Court the appellee with having partially executed the judgment in violation of the suspensive,appeal, and applied to the court for a rule upon him to show cause why the act complained of should not be set aside, so as to hold matters intact until the appeal should be acted upon. Appellee excepted to the jurisdiction of the court to issue the rule. Held, the court has jurisdiction in the premises. Article 130, Code Prae.; article 85, Const. 1898.</p> <p>On the Merits.</p> <p>2. “The jurisdiction of the court has been enlarged to enable it to determine questions of fact affecting its own jurisdiction in any case pending before it, or it may remand the case.” Article 85 of the Cqnstitution.</p> <p>3. If the facts are before the court in such form as that the court may at once consider them and determine as to its jurisdiction, it will do so, or otherwise it may remand the case to the court a qua to hear testimony.</p> <p>4. The evidence relating to the question of jurisdiction is all before the court, and, after weighing and considering this evidence, the court holds that it has jurisdiction to direct the recorder of mortgages to cancel and erase a judicial mortgage instituted after a suspensive appeal has been taken. After the suspensive appeal has been perfected, the status quo remains until decision on appeal.</p> <p>5. A judgment may be inscribed at any time prior to appeal, but not after the suspensive appeal has been taken.</p> <p>As to whether it should be canceled when inscribed prior to the appeal is a question left open, as it is not involved in this case.</p> <p>On Rehearing.</p> <p>6. Plaintiffs are transferees of a claim, and stand in