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
Judges: Breaux, Nicholls
Read full opinion on CourtListenerCited by
11 cases in this archive cite this case.
- New Orleans Silica Brick Co. v. John Thatcher & SonSupreme Court of Louisiana· 1922-10-30· cited 13×
- Riccobono v. KearneySupreme Court of Louisiana· 1927-10-31· cited 11×
- Goldking Properties Co. v. PrimeauxSupreme Court of Louisiana· 1985-10-21· cited 6×
- Haas v. S. Gumbel & Co.Supreme Court of Louisiana· 1924-01-07· cited 6×
- Associates Financial Services, Co. v. HillebrandtLouisiana Court of Appeal· 1971-06-22· cited 6×
- Scurria v. RussoLouisiana Court of Appeal· 1959-11-18· cited 3×
- Treigle v. ColeLouisiana Court of Appeal· 1961-06-30· cited 3×
- O'Keefe v. Main Street PharmacyLouisiana Court of Appeal· 1928-04-11· cited 3×
- D'Arbonne Sewerage, Inc. v. SandersLouisiana Court of Appeal· 1971-12-07· cited 3×
- Choctaw Home Builders, Inc. v. Lena, Inc.Louisiana Court of Appeal· 1968-07-29· cited 2×
- Bloch Bros. v. FerchaudLouisiana Court of Appeal· 1916-05-08
Cites
13 cases in this archive are cited by this case.
- In re Leeds & Co.Supreme Court of Louisiana· 1897-02-01· cited 18×
- Scottish American Mortgage Co. v. OgdenSupreme Court of Louisiana· 1896-11-16· cited 14×
- Mutual National Bank v. ReganSupreme Court of Louisiana· 1888-01-15· cited 6×
- Allen, West & Bush v. NettlesSupreme Court of Louisiana· 1887-06-15· cited 5×
- President of the Parish of Ascension v. PerchéSupreme Court of Louisiana· 1888-02-15· cited 4×
- City of New Orleans v. Metropolitan BankSupreme Court of Louisiana· 1892-05-15· cited 4×
- White v. RamseySupreme Court of Louisiana· 1859-04-15· cited 3×
- New Orleans City Railroad v. Crescent City RailroadSupreme Court of Louisiana· 1881-11-15· cited 3×
- State National Bank v. LanauxSupreme Court of Louisiana· 1894-04-15· cited 3×
- Carruth v. CarterSupreme Court of Louisiana· 1874-04-15· cited 2×
- Brown v. HaynesSupreme Court of Louisiana· 1894-06-15· cited 2×
- President of Church Wardens v. PerchéSupreme Court of Louisiana· 1887-02-15· cited 1×
- Ware v. MorrisSupreme Court of Louisiana· 1889-06-15· cited 1×
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